BULLETIN 

OF  THE 

UNIVERSITY  OF  TEXAS 


N  UMBER    87 


FFIC I A ]     -  • 


JANUARY   15,   1907 


Regulations  for  the  Government 

of 
The  University  of  Texas. 


Adopted  by   the 

BOARD  OF  REGENTS 

September  26,   1904 


EXCHANGE 


57-207-5h-540. 


BULLETIN 

OF  THE 

UNIVERSITY  OF  TEXAS 

NUMBER    87 

OFFICIAL  SERIES  NO.  20  JANUARY  15,  1907 


Regulations  for  the  Government 

of 
The  University  of  Texas. 


Adopted  by  the 

BOARD  OF  REGENTS 

September  26,   1904 


Entered  at  the  Postoffice  in  Austin,  Texas,  as  second  class  mail  matter 
under  Act  of  Congress,  passed  July  /6,  1894 


CP 


' 


REGULATIONS 

For  the  Government  of  The  University  of  Texas,  Adopted  by  the 
Board  of  Regents,  September  26,  1904. 


BOARD  OF  REGENTS. 


CHAPTER  I. 
AETICLE  I. 

TIME,  PLACE,  AND  MANNER  OF  MEETING. 

SECTION  1.  The  regular  meetings  of  the  Board  of  Eegents  shall  be 
held  each  year  at  10  a.  m.,  on  the1  third  Tuesdays  of  January  and  October 
and  on  the  Tuesday  preceding  Commencement  Day,  at  the  Eegents7  Eoom 
in  the  Main  Building  of  the  University  at  Austin,  and  in  May  at  Galves- 
ton  on  the  day  preceding  the  one  on  which  the  graduating  exercises  of  the 
Medical  Department  a,re  held;  and  the  Board  shall  continue  in  session, 
except  during  Commencement  and  Graduating  Exercises,  until  the  busi- 
ness before  it  shall  have  been  disposed  of. 

SEC.  2.  Any  five  members  of  the  Board  may,  at  any  time  not  less 
than  twenty  days  subsequent  to  a  regular  meeting,  send  a  written  request 
to  the  Chairman  of  the  Board,  that  he  call  a  meeting  thereof,  the  purpose 
and  object  of  said  special  meeting  being  stated,  whereupon  it  shall  be  the 
duty  of  the  Chairman  to  call  such  special  meeting,  by  causing  written 
notification  of  the  time,  purposes  and  place  thereof  to  be  mailed  to  each 
member  of  the  Board  at  least  five  days  before  the  time  of  the  meeting. 
No  business  other  than  that  embraced  in  the  call  for  said  special  meet- 
ing shall  be  transacted  thereat,  except  by  consent  of  a  majority  of  the 
whole  Board. 

AETICLE  II. 

OFFICERS  AND  THEIR  DUTIES. 

SECTION  1.  The  Board  shall  elect  a  Chairman  at  the  first  meeting 
after  its  appointment  by  the  Governor,  who  shall  hold  his  office  for  two 
years  and  until  his  successor  is  duly  elected. 

In  case  of  the  death,  resignation,  or  disqualification  of  the  Chairman 
before  the  expiration  of  his  term  of  office,  the  Board  shall,  as  soon  as  may 
be  practicable  thereafter,  elect  another  Chairman,  and,  until  such  election 

327831 


4         Regulations  for  tht.  Government  of  The  University  of  Texas. 

is  had,  iht  Vioo  'Jhairiium  shall  exercise  and  hold  the  duties  of  the  office 
of  Chairman. 

SEC.  2.  It  shall  be  the  duty  of  the  Chairman  to  preside  over  the  meet- 
ings and  deliberations  of  the  Board,  to  call  special  meetings  thereof  as 
herein  provided,  and  to  perform  such  other  special  duties  as  shall  be  from 
time  "to  time  devolved  upon  him  by  the  Board ;  he  may  vacate  the  chair, 
temporarily,  for  the  purpose  of  joining  in  the  discussion  of  any  question 
before  the  Board,  whereupon  the  Vice  Chairman  (or  if  the  Vice  Chair- 
man is  absent,  then  such  other  member  of  the  Board  as  he  shall  call  to 
the  chair),  shall  preside  until  the  question  pending  shall  have  been  dis- 
posed of. 

SEC.  3.  At  the  time  of  election  of  a  Chairman  of  the  Board  a  Vice 
Chairman  shall  also  be  elected  who  shall,  upon  the  death,  absence,  resig- 
nation, disability  or  disqualification  of  the  Chairman,  exercise  the  duties 
of  the  office  of  Chairman  until  the  Chairman  shall  resume  his  duties, 
or  his  successor  shall  have  been  elected  as  herein  provided. 

SEC.  4.  The  Board  shall,  at  the  time  of  the  election  of  the  Chairman, 
also  elect  a  Secretary  whose  term  of  office  shall  be  two  years,  and  whose 
duty  it  shall  be  to  keep  a  correct  record  and  minute  of  the  proceedings  of 
the  Board,  to  carefully  file  and  preserve  all  papers  and  documents  per- 
taining to  the  business  and  proceedings  of  the  Board,  and  to  perform  such 
other  and  cognate  duties  as  shall  be  provided  by  the  Board.  He  shall 
receive  such  compensation  as  may  be  fixed  by  the  Board,  and  shall  be 
removable  at  the  pleasure  of  the  Board. 

AETICLE  III. 

STANDING  COMMITTEES   AND   THEIR  DUTIES. 

SECTION  1.  The  following  Standing  Committees  shall  be  appointed 
by  the  Chairman,  by  and  with  the  consent  and  advice  of  the  Board : 

Executive  Committee. 

Committee  on  Finance. 

Auditing  Committee. 

Committee  on  Buildings  and  Grounds. 

Committee  on  Complaints  and  Grievances. 

Land  Committee. 

Committee  on  Medical  College. 

Legislative  Committee. 

SEC.  2.  Said  committees  shall  remain  as  constituted  (unless  a  vacancy 
shall  be  caused  by  death  or  refusal  to  act  of  some  member  of  the  commit- 
tee), until  the  first  meeting  of  the  Board  after  its  appointment  by  the 
Governor,  at  which  time,  every  two  years  thereafter,  the  sail  committees 


Regulations  for  the  Government  cf  The  University  of  Texas.         5 

shall  again  be  constituted  by  the  Chairman,  by  and  with  the  consent  and 
advice  of  the  Board,  as  aforesaid. 

SEC.  3.  In  case  a  vacancy  shall  occur  on  any  of  the  Standing  Commit- 
tees it  shall  be  immediately  filled  by  the  Chairman  appointing  another 
member  or  members  of  the  Board  to  serve  thereon,  until  the  next  regular 
meeting,  at  which  time  the  sense  of  the  Board  shall  be  taken  on  said  ap- 
pointment and,  if  same  shall  be  confirmed,  such  appointment  shall  stand 
until  the  time  for  reconstituting  the  Standing  Committees,  as  herein 
provided. 

SEC.  4.  The  Executive  Committee  shall  consist  of  three  members,  of 
whom  the  Chairman  of  the  Board  shall  be  one  and  ex  officio  Chairman 
thereof.  It  shall  be  the  duty  of  this  Committee  to  execute  and  carry  out 
such  orders,  resolutions  and  behests  of  the  Board  as  shall  be  assigned  to 
it  in  any  meeting  of  the  Board ;  and  when  the  Board  is  not  in  session  and 
an  emergency  shall  arise  requiring  immediate  action  it  shall  take  such 
temporary  and  immediate  action  as  said  emergency  shall,  in  the  judgment 
of  the  committee,  require. 

It  shall  report,  in  writing,  to  the  Board  all  its  acts  and  measures,  in 
regard  to  those  matters  that  have  been  specially  referred  to  it  by  the 
Board,  as  well  as  its  acts  concerning  matters  not  so  referred,  at  each 
meeting  for  approval. 

SEC.  5.  The  Finance  Committee  shall  consist  of  three  members.  To 
this  committee  shall  be  referred  all  questions  involving  the  finances  of 
the  University  and  matters  cognate  thereto,  which  the  Board  may  desire 
to  be  referred. 

SEC.  6.  The  Auditing  Committee  shall  consist  of  two  members.  To 
this  committee  shall  be  referred  the  auditing  of  all  accounts  of  receipt 
and  expenditure  on  behalf  of  the  University,  and  such  other  matters  as 
the  Board  may  desire  to  have  audited. 

SEC.  7.  The  Committee  on  Buildings  and  Grounds  shall  consist  of 
three  members.  To  this  committee  shall  be  referred  any  question  or 
matter  relating  to  the  buildings  and  grounds,  both  of  the  Main  University 
at  Austin  and  of  the  Medical  College  at  Galveston,  and  other  cognate 
matters. 

It  shall  be  the  duty  of  this  committee,  on  behalf  of  the  Board,  to  make 
and  let  all  contracts  for  the  erection  of  new  buildings,  and  for  extraor- 
dinary and  extensive  improvements  and  repairs  of  the  old  buildings  and 
of  the  grounds  of  the  University,  and  to  prepare*and  have  filed  written 
contracts  therefor;  which  committee  shall  report  their  action,  in  writing, 
to  the  next  regular  called  meeting  of  the  Board  for  its  information  and 
approval.  All  matters  involving  ordinary  repairs,  changes,  adjustments, 
and  improvements  for  the  purpose  of  putting  and  keeping  in  good  con- 


6         Regulations  for  the  Government  of  The  University  of  Texas. 

dition  and  efficient  use  the  buildings,  grounds  and  equipments  of  the  Uni- 
versity, shall  be  and  hereby  are  committed  to  the  President,  who  shall, 
from  time  to  time,  make  report  of  his  action  in  such  matters  to  the  Board. 

SEC.  8.  The  Committee  on  Complaints  and  Grievances  shall  consist 
of  three  members.  To  this  committee  shall  be  referred  all  matters  relat- 
ing "to  any  complaints  or  charges  concerning  the  conduct  of  any  member 
of  the  Faculty  or  of  any  employee  of  the  Main  University  at  Austin, 
with  power  to  examine  into  same  and  make  report  thereon.  And  it  shall 
have  like  power  to  hear,  examine,  and  inquire  into  all  such  complaints, 
charges  and  grievances  during  the  time  the  Board  is  not  in  session ;  and 
in  the  event  of  any  emergency  requiring  prompt  action  they  shall  have 
power  to  take  such  provisional  action  as  they  may  deem  necessary  until 
the  sense  of  the  Board  may  be  obtained  concerning  the  same  at  their 
regular  or  special  meeting. 

Said  committee  shall  report,  in  writing,  at  each  regular  meeting  of  the 
Board,  and  at  such  other  times  as  may  be  directed,  concerning  all  mat- 
ters referred  to  or  acted  upon  by  it,  and  shall  make  such  recommendations 
concerning  same  as  it  may  deem  proper. 

SEC.  9.  The  Committee  on  Medical  College  shall  consist  of  three  mem- 
bers. To  this  committee  shall  be  referred  all  matters  touching  the  con- 
duct of  the  Medical  College  at  Galveston  which  have  not,  under  these 
rules,  been  specially  assigned  to  some  other  committee  or  to  the  President. 
It  shall  be  clothed  with  the  same  powers  and  charged  with  the  same  duties 
with  respect  to  the  Medical  College  that  have  been  assigned  to  the  Com- 
mittee on  Complaints  and  Grievances.  It  shall  report,  in  writing,  at 
each  regular  meeting  of  the  Board,  and  at  such  other  times  as  may  be 
directed  by  the  Board,  touching  matters  with  which  it  is  charged,  or 
which  have  been  referred  to  it,  and  make  such  recommendations  in  said 
reports  concerning  said  matters  as  it  may  deem  proper. 

SEC.  10.  The  Legislative  Committee  shall  be  composed  of  three  mem- 
bers, and  to  this  committee  shall  be  referred  all  matters  relating  to  the 
Constitution  and  laws  of  the  State  affecting  the  interests  of  the  Univer- 
sity. It  shall  be  the  duty  of  the  members  of  said  committee  to  familiar- 
ize themselves  with  the  history  of  all  legislation  pertaining  to  the  Uni- 
versity, to  prepare  and  present  to  the  Legislature  for  passage  such  new 
laws  and  amendments  to  existing  laws  of  the  State,  as  will  promote  the 
interests  of  the  University  and  increase  its  efficiency.  It  shall  be  the 
duty  of  said  committee  to  report,  in  writing,  to  the  Board  all  action  taken 
by  it,  with  such  suggestions  and  recommendations  as  may  seem  best  to 
said  committee. 

SEC.  11.  The  Committee  on  Lands  shall  consist  of  three  members.  It 
shall  have  immediate  supervision  of  the  work  of  the  Land  Agent,  and  is 


Regulations  for  the  Government  of  The  University  of  Texas.         1 

authorized  to  make  sales  and  leases  of  University  lands,  forwarding  rec- 
ommendations to  the  Chairman  of  the  Board,  who  will  sign  and  execute 
all  deeds  and  leases,  and  to  cancel  leases.  It  shall  also  pass  upon  all  re- 
bates or  refunds.  It  shall  be  the  further  duty  of  the  committee  to  see 
that  the  records  of  the  Land  Agent  are  correctly  and  safely  kept,  and  that 
his  reports  are  full  and  accurate  and  are  promptly  filed  as  directed  by 
the  Board.  It  shall  make  such  recommendations  for  improving  the  man- 
agement of  the  lands  as  it  may  see  fit. 

ARTICLE  IV. 

RULES  OF  PROCEDURE  AND  ORDER  OF  BUSINESS. 

SECTION  1.  The  rules  laid  down  in  Cushing's  Manual  of  Parliamen- 
tary Law,  when  the  same  are  not  in  conflict  with  any  of  the  provisions 
hereof,  are  hereby  adopted  as  the  law  of  procedure  for  the  government 
of  the  Board  when  in  session. 

SEC.  2.  The  order  of  business  when  the  Board  shall  meet  in  regular 
session  shall  be  as  follows : 

1.  Eeading  minutes  of  preceding  meeting. 

2.  Eeport  of  President. 

3.  Eeports  of  Standing  Committees. 

4.  Eeports  of  Special  Committees. 

5.  Unfinished  business. 

6.  New  business. 

SEC.  3.  The  Board  shall,  in  all  cases  when  practicable  and  desirable, 
before  taking  action  on  any  subject  or  measure  coming  clearly  within  the 
sphere  of  the  duties  of  any  Standing  Committee,  refer  the  same  to  the 
proper  Standing  Committee,  which  shall  report,  in  writing,  its  recom- 
mendation concerning  the  same. 

SEC.  4.  In  the  interest  of  clearness,  to  prevent  misapprehension  and 
to  secure  accuracy  of  record,  each  maker  of  a  motion  or  mover  of  a  reso- 
lution, at  the  time  of  offering  the  same,  shall  reduce  it  to  writing  and  shall 
deliver  it  to  the  Secretary  of  the  Board. 

SEC*  5.  All  communications  to  the  Board  from  persons  not  members 
thereof,  except  in  the  case  of  the  President,  shall  be  in  writing,  nor  shall 
any  such  person  be  allowed  to  address  the  Board  while  in  session,  unless 
by  unanimous  consent  of  all  the  members  present. 

SEC.  6.  At  the  request  of  any  two  members  of  the  Board,  the  presiding 
officer  shall  declare  the  same  in  executive  session,  whereupon  every  person 
not  a  member  of  the  Board  shall  be  excluded  from  the  place  where  the 
meeting  is  being  held;  and  from  thenceforward  until  open  session  shall 
be  renewed  the  proceedings  of  the  Board  shall  be  secret,  and  no  member 


8         Regulations  for  the  Government  of  The  University  of  Texas. 

shall  directly  or  indirectly,  reveal  to  any  one,  not  a  member,  any  part  of 
said  proceedings,  or  any  vote,  or  anything  concerning  any  debate  had  in 
such  executive  session,  but  the  whole  proceedings  shall  be  held  to  be  of  a 
secret  and  confidential  nature.  If  the  services  of  a  secretary  shall  be 
needed  during  such  executive  session,  the  Chairman  shall  appoint  one  of 
the*members  of  the  Board  as  Secretary  of  said  executive  session,  whose 
duty  it  shall  be  to  act  as  such  and  keep  the  minutes  of  such  executive 
session,  which  he  shall  thereafter  preserve  unless  he  is  ordered  to  destroy 
them  by  the  Board ;  but  no  minutes  shall  be  kept  of  the  proceedings  of  an 
executive  session  unless  by  unanimous  consent. 

AETICLE  V. 

MISCELLANEOUS  PROVISIONS. 

SECTION  1.  The  Board  of  Eegents  shall  have  the  power  to  remove  any 
Professor,  Tutor,  or  other  officers  and  employees  connected  with  the  Uni- 
versity when,  in  its  judgment,  the  interests  of  the  University  shall  require 
it ;  and  all  contracts  now  existing  between  the  University  and  Professors, 
Instructors,  Tutors,  and  other  officers  and  employees  thereof,  and  those 
that  may  hereafter  be  made,  are  and  shall  be  subject  to  the  foregoing 
provisions. 

SEC.  2.  The  President  of  the  University  shall  be  elected  by  the  Board 
of  Regents  and  shall  hold  his  office  during  good  behavior  and  while  he 
renders  efficient  and  satisfactory  service.  He  shall  have  such  authority 
and  exercise  such  powers  as  are  usually  vested  in  the  President  of  a 
State  University,  subject  to  the  provisions  of  the  Statutes  of  this  State 
and  to  the  regulations  of  the  Board  of  Regents  for  the  government  of  the 
University,  and  he  shall  perform  such  duties  as,  under  the  law  and  regu- 
lations of  the  Board  for  the  government  of  the  University,  shall  be  de- 
volved upon  him.  He  shall  receive  such  compensation  for  his  services 
as  shall  be  determined  by  the  Board,  and  he  shall  be  removable  from  said 
office  at  the  pleasure  of  the  Board  when,  in  their  judgment,  the  interests 
of  the  University  shall  so  require. 

SEC.  3.  The  Board  shall,  at  its  June  meeting  in  each  odd  year,  elect 
a  Proctor,  Registrar,  and  Auditor,  and  at  its  May  meeting,  a  Provost, 
each  of  whom  shall  hold  office  for  two  years  from  the  first  day  of  Septem- 
ber following  his  election  and  until  his  successor  shall  have  been  elected 
and  qualified,  and  shall  have  such  powers,  and  perform  such  duties  as 
shall  be  required  of  and  devolved  upon  him  under  the  regulations  of  the 
Board  for  the  government  of  the  University,  or  by  any  resolution  or  rule 
of  the  Board.  Each  shall  be  removable  from  his  said  office  at  the  pleasure 


Regulations  for  the  Government  of  The  University  of  Texas.         9 

of  the  Board  when,  in  its  judgment,  the  interests  of  the  University  shall 
so  require. 

SEC.  4.  The  reasonable  expenses  of  the  Eegents  while  attending  meet- 
ings of  the  Board  or  performing  duties  as  committeemen,  shall  be  paid 
to  them  out  of  the  available  fund  of  the  University. 

SEC.  5.  The  reasonable  traveling  expenses  of  the  President  shall  be 
paid  to  him  while  he  is  engaged  in  the  discharge  of  his  duties  as  Presi- 
dent, and  in  attending  public  educational  meetings  as  the  representative 
of  the  University. 

SEC.  6.  It  shall  be  the  duty  of  the  Chairman,  under  the  direction  of 
the  Board,  to  prepare  the  reports  to  the  Board  of  Education  and  Legis- 
lature required  by  law  from  the  Eegents,  and  he  shall  have  power  to  re- 
quire the  advice  and  assistance  of  the  President  and  other  officers  of  the 
University  in  compiling  said  reports. 

SEC.  7.  All  rules,  orders,  and  resolutions  heretofore  enacted  by  this 
Board  concerning  the  conduct  of  business  by  the  Eegents,  which  are 
either  in  conflict  with  or  which  deal  with  the  subject  matter  covered  by 
these  regulations,  are  hereby  repealed. 

SEC.  8.  These  regulations  shall  not  be  altered,  added  to,  or  amended 
except  by  a  vote  of  a  majority  of  all  the  Eegents,  at  a  regular  meeting; 
and  such  alteration,  addition,  or  amendment  shall  be  posted  in  writing 
and  filed  with  the  Secretary  thirty  days  before  such  meeting ;  and  it  shall 
be  the  duty  of  the  Secretary  to  worthwith  mail  a  copy  thereof  to  each 
member  of  the  Board. 


.  CHAPTER  II, 


PROPOSED  BUSINESS  SYSTEM  FOE  THE  GOVERNMENT  OF 
THE  UNIVERSITY  OF  TEXAS. 

In  formulating  a  business  system  for  the  University,  it  is  necessary 
to  keep  in  view  its  functions.  The  University  is  an  educational  institu- 
tion and  its  prime  function  is  therefore  educational,  while  its  business 
function  is  secondary.  To  provide  for  the  successful  management  of  the 
Institution,  it  is  necessary  that  these  primary  and  secondary  functions 
shall  be  properly  correlated  and  adjusted  to  each  other. 

To  show  this  more  clearly  and  the  relations  of  the  Board  and  the  Presi- 
dent to  the  officers,  Faculty,  Student  body  and  business  interests  of  the 
Institution,  an  effort  has  been  made  to  illustrate  the  same  by  a  chart 
which  designates  the  relative  position  of  each,  which  will  serve  as  a 
working  basis  for  the  system  outlined;  and  which  chart,  for  the  sake  of 
convenience,  has  been  divided  into  three  sections :  Administrative,  Edu- 
cational and  Business. 

CHART. 


1.     ADMINISTRATIVE  SECTION. 

From  this  chart  it  will  be  seen  that  the  government  of  the  University, 
as  fixed  by  law,  is  in  the  Board  of  Regents,  whose  chief  administrative  or 
executive  officer,  chosen  by  it,  is  the  President.  As  shown  in  the  chart 
outlined,  the  President  is  in  close  relation  to  the  Faculty  and  Student 
Body,  and  is  the  direct  medium  of  communication  between  the  Educa- 
tional Section  and  the  Board  of  Regents.  His  authority  also  extends 
throughout  the  Business  Section.  It  is  desirable  that  the  powers  and 
duties  of  the  Chief  Executive  Officer  shall  be  clearly  defined,  and  that  the 
limitation  of  the  discretionary  power  vested  in  this  officer  shall  be  fixed. 


Regulations  for  the  Government  of  The  University  of  Texas.       11 

The  Board  of  Eegents,  as  the  governing  power  of  the  University,  is  and 
must  be  responsible  for  the  policy  of  the  Institution,  and  for  the  admin- 
istration of  its  affairs,  and  the  President,  as  the  chief  executive  officer  of 
the  Board,  is  and  must  be  responsible  to  that  body  for  the  carrying  out 
of  its  policy;  hence,  it  is  necessary  that  all  other  and  subordinate  officers 
and  members  of  the  Faculty  shall  be  responsible  to  and  under  the  imme- 
diate control  and  direction  of  the  President,  whose  discretionary  powers 
must  be  broad  enough  to  enable  him  to  secure  efficiency  in  the  adminis- 
tration of  all  the  affairs  of  the  Institution,  and  to  authorize  him  to  make 
temporary  arrangements  in  all  emergencies  between  meetings  of  the 
Board  of  Eegents. 

The  functions  of  the  Board  of  Eegents  are  legislative  and  not  execu- 
tive; and  it  is  the  duty  of  said  Board  to  secure,  as  far  as  possible,  the 
needed  revenues  for  the  University  and  to  determine  the  ways  in  which 
such  revenues  shall  be  applied,  and  to  map  out  the  policy  of  the  Univer- 
sity; but  it  must  of  necessity  leave  the  execution  of  such  policy  to  its 
executive  agents. 

PRESIDENT. 

The  President  of  the  University  shall  be  the  chief  executive  and  re- 
sponsible agent  of  the  Board  of  Eegents,  and  as  such  he  shall  have  con- 
stant watch  and  care  over  all  University  interests.  All  appointments, 
promotions  and  dismissals  shall  be  made  upon  the  recommendation  of 
the  President,  or  motion  of  a  member  of  the  Board  of  Eegents.  All 
communications  between  the  Faculty  and  the  Eegents  relating  to  the 
University  shall  pass  through  the  hands  of  the  President  for  such  en- 
dorsements and  recommendations  as  he  may  desire  to  make.  He  shall  be 
ready  to  recommend  suitable  persons  for  positions  and  to  fill  vacancies  in 
the  Faculty  and,  in  case  of  an  exigency,  shall  fill  a  vacancy  until  the  next 
meeting  of  the  Eegents,  so  that  the  work  of  the  University  shall  not  be 
interrupted.  He  shall  see  that  all  members  of  the  Faculty  and  instruc- 
tion force  and  all  employees  of  the  University  are  competent  and  right 
spirited,  and  shall  hold  all  to  the  exact  and  full  discharge  of  their  duties; 
and  if,  in  his  judgment,  the  necessity  arises,  he  shall  initiate  steps  for  a 
change  of  such  Instructors  or  employees.  He  shall  attend  all  meetings 
of  the  Board  of  Eegents  and  shall  follow  the  directions  given  by  said 
Board  in  any  particular  matter;  but  the  Board  will  not  undertake  to 
direct  most  of  the  details  of  executive  action,  and  the  President  is  ex- 
pected to  act  with  perfect  freedom  within  the  lines  of  general  policy  laid 
down  by  the  Board  of  Eegents. 


12       Regulations  for  the  Government  of  The  University  of  Texas. 
2.     EDUCATIONAL  SECTION. 

This  section  is  divided  into  the  College  of  Arts,  Education,  Engineer- 
ing and  Law  Departments  for  the  Main  University,  and  the  Department 
of  Medicine  for  the  Medical  Branch.  Besides  the  President  and  the 
DeSns  of  the  several  Departments,  the  administrative  officers  of  the  Main 
University  shall  be  the  Proctor  (who  is  also  Secretary  of  the  Board  of 
Regents  and  Secretary  of  the  Faculty),  Registrar  and  Auditor.  The  ad- 
ministrative officers  of  the  Medical  Branch  shall  be  the  Dean  of  the 
Medical  Department  and  the  Provost. 

PROCTOR. 

The  Proctor,  as  Secretary  of  the  Board  of  Regents  and  of  the  Faculty, 
shall  keep  full  and  accurate  minutes  of  the  proceedings  of  all  meetings 
of  these  bodies ;  he  shall  keep  and  preserve  in  a  neat  and  orderly  manner 
all  the  papers  and  records  of  said  bodies,  and  shall  so  index  and  file  the 
same  as  to  make  them  easily  accessible  so  as  to  be  readily  referred  to  at 
all  times ;  and  he  shall  perform  such  other  duties  as  are  usually  performed 
by  a  Secretary. 

The  Proctor,  as  Secretary  of  the  Board  of  Regents,  shall  procure  and 
keep  a  suitable  book  in  which  he  shall  record  all  bonds  and  other  docu- 
ments of  like  importance. 

As  Proctor,  it  shall  be  his  duty  to  maintain  order  and  the  observance 
of  proper  decorum  in  the  corridors  of  the  University  buildings,  and  upon 
the  Campus ;  to  watch  over  the  moral  welfare  of  the  students,  and  to  ad- 
vise and  counsel  with  them;  to  visit  the  sick  and  report  such  cases  to 
the  Faculty  Committee  on  Sick  as  are  in  need  of  special  attention;  to 
keep  a  register  of  boarding  houses  suitable  for  young  men  and  women 
attending  the  University;  and  to  assist  in  finding  employment  for  those 
who  are  in  need  of  work  to  help  defray  their  expenses  while  attending  the 
University. 

The  Proctor  shall  have  immediate  charge  of  the  Janitor  force  of  the 
University,  and  shall  be  responsible  for  the  efficiency  thereof;  he  shall 
see  that  all  the  buildings  upon  the  Campus  and  all  the  grounds  adjacent 
thereto  are  kept  in  a  safe,  neat,  clean  and  sanitary  condition  at  all  times. 

REGISTRAR. 

The  Registrar  shall  be  the  corresponding  Secretary  of  the  University. 
It  shall  be  his  duty  to  answer  all  correspondence  relating  to  the  general 
requirements  for  admission  to  the  University;  to  prepare,  under  the  di- 
rection of  the  President,  and  send  out  to  the  press  of  the  State  such  gen- 


Regulations  for  the  Government  of  The  University  of  Texas.       13 

eral  information  concerning  the  work  of  the  Institution  as  may  be  of 
interest  to  the  public ;  to  prepare  and  have  distributed  all  advertising  mat- 
ter ;  to  supervise  the  mailing  of  all  bulletins  and  circulars  issued  by  the 
University.  He  shall  prepare  and  keep  a  mailing  and  exchange  list;  he 
shall  keep  a  permanent  record  of  the  alumni,  showing,  as  far  as  possible, 
the  history  and  work  of  each;  he  shall  collect  and  preserve  all  statistics 
of  the  University  and,  as  far  as  practicable,  the  statistics  of  other  State 
Institutions  of  Learning.  He  shall  keep  a  revised  list  of  the  Affiliated 
Schools  of  the  State,  and  a  permanent  record  of  all  students  in  the  Uni- 
versity holding  scholarships  from  these  schools.  He  shall,  under  the  di- 
rection of  the  Dean  of  the  College  of  Arts3  have  prepared  and  furnish 
to  students  the  necessary  blanks  for  matriculation,  and  see  that  they 
have  complied  with  all  requirements  prerequisite  for  admission  to  the 
University.  It  shall  be  his  duty,  on  the  first  teaching  day  of  each  ses- 
sion, to  furnish  to  the  heads  and  instructors  of  each  section  of  the  various 
schools,  the  names  of  the  students  matriculating,  and  the  courses  regis- 
tered for  in  their  division,  and  he  shall  likewise  notify  them  of  any 
changes  in  such  course  as  soon  as  made.  He  shall  have  prepared  and 
furnish  to  the  heads  and  instructors  of  the  various  schools  the  proper 
blanks  for  making  all  necessary  reports  of  the  standing  of  the  student, 
and  these  reports,  when  filed  with  the  Eegistrar,  shall  by  him  be  classified 
and  preserved  as  part  of  the  permanent  records  of  his  office.  At  the  end 
of  each  term,  it  shall  be  the  duty  of  the  Registrar  forthwith  to  tabulate 
for  permanent  record  in  his  office  the  grades  of  each  student,  and  to  mail 
to  the  parent  or  guardian  of  each  student  a  copy  of  these  grades. 

The  Eegistrar's  office  shall  be  the  mailing  department  of  the  Univer- 
sity. His  office  shall  be  charged  with  and  he  shall  be  the  custodian  of  all 
stamps  purchased.  He  shall  be  required  to  keep  a  record  of  all  stamps 
used,  and  these  daily  records  shall  be  summarized  once  a  month,  showing 
the  number  and  denomination  of  all  stamps  used  and  the  cash  value  of 
same,  which,  added  to  the  value  of  stamps  on  hand,  should  agree  with 
the  amount  charged  against  his  office  for  stamps  for  that  month.  If 
stamps  are  drawn  from  his  office  for  use  of  any  department,  a  requisition 
blank  shall  be  used  signed  by  the  party  drawing  same,  showing  the  num- 
ber, the  denomination  and  cash  value  of  the  stamps  so  drawn,  which  shall 
be  treated  by  the  Registrar  in  the  same  manner  as  his  daily  stamp  report 
in  making  up  his  monthly  summary  and  report  of  stamps  used.  In  this 
manner  a  complete  record  of  the  postage  used  by  the  University  shall  be 
kept,  which  will  also  show  the  volume  of  the  University  mail. 

The  following  forms  shall  be  used  for  this  purpose : 


14       Regulations  for  the  Government  of  The  University  of  Texas. 

FOKM  1. 

DAILY  POSTAGE  REPORT. 


*- 

Denomination. 

Summary  showing  cash 
values. 

lc 

2c 

3c 

4c 

c 

6c 

Stamps  on  hand  

On  hand 

Receipts 

Total.           .    .   . 

Total 

Total  stamps  used...  .  . 

Total 

Balance,  stamps  on  hand 

On  hand  .        

Register. 

Reading. 

Actual  No.  letters  stamped. 

Remarks. 

Before. 

After. 

lc 

2c 

3c 

4c 

5c 

6c 

Extra  postage  affixed  by  hand.  <{ 

Total  stamps  u 

sed  

Date, 


1905 


FOKM  2. 

REQUISITION    FOR   STAMPS. 


Denomination. 

Amount. 

lc 

2c 

3c 

4c 

5c 

6c 

8c 

IOC 

Date, 


1905 


Regulations  for  the  Government  of  The  University  of  Texas.       15 

Stamps  shall  be  purchased  and  issued  by  the  Registrar  for  official  cor- 
respondence and  purposes  only,  and  to  the  following  persons :  Chairman 
of  the  Board  of  Regents,  President,  Deans,  Proctor,  Auditor,  Registrar, 
Chairman  of  the  Committee  on  Affiliated  Schools,  and  Chairman  of  the 
Committee  on  Teachers. 

3.     BUSINESS  SECTION. 

The  Business  Section  is  divided  into  the  Accounting  and  Land  Depart- 
ments. The  Auditor  shall  be  at  the  head  of  the  Accounting  Department, 
and  he  shall  also  have  general  supervision  over  the  University  Hall  and 
Woman's  Building. 

SPECIFICATION  FOR  BALANCE  SHEET— ACCOUNTING  DE- 
PARTMENT. 

ANALYSIS  AND  CLASSIFICATION. 


Income  < 


Current 

Cash  on  hand 
Land  Leases 
Int.  on  Land  Notes 
Int.  on  State  Bonds 
Legislative  Appr. 
Other  Sources 


itures 


Special 


Special  Leg.  Appr. 
Donations 
[Other  Sources 

Current 


(  Administration 
Salaries  -j  Instruct'n 
(  Labor 


Maint.  of  Buildings 
Imp.  of  Buildings 
Repair  of  Buildings 
Jan;tor  Supplies 


Furniture  and  Fix. 

Postage 

Sta.  and  Office  Supplies 

Other  Sources 

Special 

Buildings 
I  Other  Sources 


Active 


Assets: 

f  Cash  on  hand 
Cash  in  bank 

Land  Leases     •! 
Int.  Land  Notes 


Interest  on  Bonds 
Available  University  Fund 
Legislative'  Appr. 
^  Miscellaneous 


f  Buildings 

Equipment 
I  Water  System 
Fixed   <{  Water  Tower 

I  Campus 
Athletic  Field 
t  Other  Investments 

f  Lands 

Perma-   j  Bonds 
nent     1  Land  Notes 

1  Prin.  on  Land  Notes 


Dormant 


Liabilities: 

State  Endowment 
Other  Sources 


(  Students'  Deposits 
Passive  •<  Accounts  Payable 
(  Other  Sources 

Capital  (Surplus  Assets  over 
Liabilities) 


16       Regulations  for  the  Government  of  The  University  of  Texas. 

The  Active  Assets  comprise  cash,  which  includes  the  amount  in  the 
State  Treasurer's  hands,  and  the  balance  clue  from  the  bank ;  Land  Leases, 
current,  outstanding;  Interest  on  Land  Notes,  current,  outstanding;  In- 
terest on  State  Bonds ;  Available  University  Fund ;  and  miscellaneous. 

Fixed  Assets  include  the  permanent  investment,  such  as  Buildings, 
Equipment,  Water  System,  Water  Tower,  Campus,  Athletic  Field,  and 
other  investments  of  a  similar  nature. 

The  Permanent  Assets  represent  the  State  Endowment  Fund,  which  is 
invested  in  Lands,  Land  Notes  and  Bonds. 

The  Liabilities  of  the  University  are  divided  into  three  classes :  Dor- 
mant, Passive  and  Capital. 

The  Dormant  Liabilities  consist  of  the  State  Endowment  Fund,  and 
Endowments  from  other  sources. 

Passive  Liabilities  represent  unpaid  Students'  Deposits,  Accounts  Pay- 
able, etc. 

Capital  Liability  represents  Surplus  of  Assets  over  Liabilities. 

INCOME. 

The  Income  for  the  year  consists  of  the  debts  accruing  from  all 
sources  of  the  University,  although  these  may  not  necessarily  be  col- 
lected within  the  period.  The  Current  Income  is  derived  from  Land 
Leases,  Interest  on  Land  Notes,  Interest  on  State  Bonds,  Legislative  Ap- 
propriations, etc.,  while  the  special  income  is  derived  from  legislative 
appropriation's  for  special  purposes,  donations,  etc. 

EXPENDITURE. 

The  Current  Expenditures  are  such  as  are  incurred  in  the  daily  con- 
duct and  maintenance  of  the  University,  as  Salaries,  Schools  and  Labora- 
tories, Maintenance,  Repair  and  Improvement  of  Buildings  and  Grounds, 
Janitor  Supplies,  Campus,  Furniture  and  Fixtures,  Postage,  Stationery 
and  Office  Supplies,  Contingent  Expenses,  etc. 

Special  Expenditures  are  in  the  nature  of  Permanent  Buildings.  Im- 
provements, etc. 

The  appropriations  for  all  expenditures  shall  be  made  by  the  Board  of 
Regents,  based  upon  a  budget  prepared  and  submitted  by  the  President. 

In  outlining  a  system  of  accounting  for  the  income  and  expenditures 
of  the  University,  the  essential  feature  is  the  proper  accounting  for  all 
receipts  and  the  safeguarding  of  the  expenditures  from  extravagance  and 
irregularity.  The  former  is  comparatively  easy,  as  the  income  accounts 
outlined  above  show  the  receipts  from  all  sources,  while  the  expenditure 


Regulations  for  the  Government  of  The  University  of  Texas.       17 

accounts  should  be  safeguarded  in  the  contracting  of  debts  against  these 
accounts. 

All  expenditures  shall  be  based  upon  appropriations  made  by  the  Board 
of  Regents  upon  a  budget  prepared  by  the  President  from  reports  from 
heads  of  schools  and  other  officers,  showing  the  necessary  expenses  to  be 
incurred  for  the  year.  The  appropriations  for  salaries  are  fixed,  during 
the  continuance  of  service,  for  the  year,  and  there  is  little  or  no  opportu- 
nity for  these  appropriations  to  be  misapplied. 

The  appropriations  for  Schools  and  Laboratories  should  be  divided  into 
two  classes :  Permanent  and  Perishable  Equipment.  These  appropria- 
tions can  only  be  judicially  expended  by  the  heads  of  the  schools  for 
which  they  are  made,  and  these  heads  should  be  held  strictly  responsible 
for  all  bills  made  by  them  against  these  appropriations. 

The  appropriations  for  Current  Expenses  shall  be  divided  into  two 
classes:  (1)  Maintenance;  and  (2)  Improvements,  Eepairs,  Office  Fur- 
niture and  Fixtures.  All  expenditures  under  the  former  head  should  be 
passed  upon  and  approved  by  the  Auditor,  who  should  be  held  responsi- 
ble for  all  bills  approved  by  him.  Expenditures  under  the  latter  head 
(2)  should  be  made  only  when  authorized  by  the  President,  which  au- 
thorization should  pass  through  the  Auditor's  hands,  in  order  that  a 
record  may  be  made  of  same. 

Appropriations  for  Special  purposes  shall  be  under  control  of  the 
President  and  shall  only  be  expended  upon  his  order,  and  the  bills  for  the 
same  shall  be  approved  by  the  party  to  whom  the  order  is  given. 

A  proper  record  shall  be  kept  of  all  orders  for  expenditures.  This  can 
only  be  done  by  having  such  orders  pass  through  the  hands  of  the  Auditor. 
These  should  be  made  in  duplicate,  approved  by  the  party  making  the 
requisition,  and  signed  by  the  Auditor,  the  duplicate  being  retained  in  the 
Auditor's  office  so  that  he  can  check  against  the  invoices  for  such  expen- 
diture when  received. 

THE  VOUCHER  SYSTEM. 

This  system  is  recommended  for  the  payment  of  all  bills.  When  in- 
voices are  received,  they  shall  be  checked  by  the  Auditor  against  the  du- 
plicate order  for  same ;  a  voucher  shall  be  made  out  to  which  the  invoice 
shall  be  attached  and  referred  to  the  proper  party  for  approval  as  to  re- 
ceipt of  goods  (this  approval  shall  be  in  the  form  of  a  certificate,  cer- 
tifying that  the  invoice  is  correct,  that  the  articles  therein  enumerated 
have  been  received  and  were  necessary  for  and  have  been  or  will  be  ap- 
plied to  the  work  of of  the  University  of  Texas, 

and  are  provided  for  by  an  appropriation  made  by  the  Board  of  Regents, 


18       Regulations  for  the  Government  of  The  University  of  Texas. 

anl  that  the  prices  charged  are  reasonable  and  lust)  and  return  to  the 
bookkeeper  who  shall  verify  the  additions  and  extensions  and  certify  to 
the  correctness  of  same,  enter  it  on  the  Voucher  Kecord,  and  return  it  to 
the  Auditor  for  his  approval  for  payment,  after  which  it  shall  be  ap- 
proved by  the  Chairman  of  the  Board  and  become  authority  for  the 
Comptroller  to  issue  a  warrant  to  the  State  Treasurer  for  payment  of 
same. 

THE  COLLECTION  OF  VOUCHERS. 

In  the  collection  of  vouchers,  they  should  either  be  mailed  direct  to 
the  parties  in  whose  favor  they  are  drawn,  or  should  be  collected  by  the 
Auditor  and  remitted  for  by  him.  In  the  former  case,  the  voucher, 
when  properly  approved,  becomes  a  draft  on  the  Comptroller,  and  is  col- 
lected by  the  party  in  whose  favor  it  is  drawn.  One  objection  to  this 
plan,  especially  during  the  deficiency  period,  is  that  these  drafts  will  be 
used  by  the  holders  as  cash  items  and  deposited  in  bank  as  such;  and, 
when  presented  for  payment,  registered  warrants  will  be  issued  in  lieu 
of  cash  payment.  This  will  lead  to  great  confusion  and  much  correspon- 
dence. 

Another  objection  is  that  the  Auditor  will  have  no  way  of  verifying 
the  balances  as  shown  by  his  books,  with  the  balances  as  shown  by  the 
Comptroller's  and  Treasurer's  books.  When  vouchers  are  issued  by  the 
Auditor,  they  are  charged  against  their  respective  accounts.  These 
Vouchers  are  only  charged  by  the  Comptroller  and  Treasurer  when  they 
are  paid.  The  vouchers  issued  by  Auditor  and  unpaid  by  Comptroller 
would  represent  difference  in  balance  between  Auditor's  and  Comptrol- 
ler's books. 

This  would  also  apply  where  a  voucher  has  been  issued  by  the  Auditor 
and  lost  and  a  duplicate  voucher  issued  in  lieu  thereof.  If  the  original 
voucher  was  found  and  presented  for  payment  at  a  later  date,  the  Aud- 
itor would  have  no  way  of  detecting  same.  If  the  above  plan  should  be 
adopted,  special  laws  should  be  enacted  requiring  the  Comptroller  to  re- 
port to  the  Auditor  monthly  all  vouchers  paid  by  him  in  order  that  the 
Auditor  shall  have  proper  data  for  checking  his  accounts. 

If  all  vouchers  were  collected  and  remitted  for  by  the  Auditor,  the 
balances,  as  shown  by  the  books  of  the  Comptroller  and  Treasurer  should 
agree  with  the  balances  as  shown  by  the  books  of  the  Auditor  at  all  times. 
This  would  enable  the  Auditor  to  trace  all  vouchers  issued  for  payment, 
and  probably  would  prove  more  satisfactory  to  all  parties  concerned. 

For  funds  that  are  disbursed  by  the  Auditor  for  special  purposes,  not 
required  by  law  to  be  deposited  in  the  State  Treasury,  a  voucher  check 
is  recommended. 


Regulations  for  the  Government  of  The  University  of  Texas.        19 


LAND  AGENT. 


The  Land  Agent  shall  be  in  charge  of  all  University  lands.  It  shall 
ba  his  duty  to  keep  a  permanent  record  of  all  such  lands,  giving  full  and 
complete  details  of  same.  He  shall  check  up  and  make  a  report  to  date 
of  all  lands  sold,  giving  location  and  number  of  acres  embraced  in  each 
sale,  the  price  per  acre,  rate  of  interest  borne  by  land  notes,  amount  paid 
on  principal,  interest  due  and  past  due.  An  abstract  of  this  report  shall 
be  furnished  to  the  Auditor  who  shall  have  kept  in  his  office  an  account 
with  each  land  note,  and  provision  shall  be  made  for  having  the  State 
Treasurer  furnish  the  Auditor  with  a  duplicate  receipt  for  all  principal 
and  interest  paid.  The  same  shall  apply  to  the  Land  Leases.  The  Land 
Agent  shall  notify  the  Auditor  promptly  of  all  leases  made  and  canceled, 
and  of  all  rebates  or  refunds  allowed. 

WOMAN'S  BUILDING  AND  UNIVERSITY   HALL. 

The  Woman's  Building  and  University  Hall  shall  be  under  the  super- 
vision of  the  Auditor,  who  shall  prepare  proper  books  and  blanks  for 
keeping  a  record  of  the  receipts  and  disbursements  of  these  Dormitories, 
from  which  monthly  statements  shall  be  made  by  the  Auditor  to  the 
President,  showing  the  receipts  from  board  and  room  rent  and  the  dis- 
bursement of  same. 

It  shall  be  the  duty  of  the  Lady  Manager  of  the  Woman's  Building  and 
the  Steward  of  University  Hall  to  keep  a  register  of  all  students  rooming 
and  boarding  at  the  Dormitory,  showing  the  date  of  entry  and  with- 
drawal, and  when  a  student  secures  room  and  board,  it  shall  be  the  duty 
of  said  Lady  Manager  or  Steward  to  issue  a  triplicate  deposit  warrant  au- 
thorizing the  Auditor  to  receive  from  the  student  the  amount  of  board 
and  room  rent  due  for  the  current  month.  The  original  deposit  warrant, 
when  signed  by  the  Auditor,  shall  be  retained  by  the  student  as  his  re- 
ceipt, the  duplicate  by  the  Auditor  and  the  triplicate  returned  to  said 
Lady  Manager  or  Steward,  showing  that  the  student  has  paid  his  or  her 
board  and  room  rent  for  the  current  month.  It  shall  be  the  duty  of  the 
said  Lady  Manager  or  Steward  on  the  first  day  of  each  month,  from  the 
register  kept  by  each,  to  issue  triplicate  deposit  warrants  to  the  student 
for  board  and  room  rent  due  for  the  month,  and  on  the  tenth  day  of  Oc- 
tober, November,  December,  January,  February,  March,  April,  and  May, 
the  said  Lady  Manager  and  Steward  shall  make  a  report  to  the  Auditor 
(on  blanks  furnished  by  the  Auditor)  giving  the  names  of  all  students 
and  the  amount  due  by  each,  to  whom  deposit  warrants  have  been  issued, 


20       Regulations  for  the  Government  of  The  University  of  Texas. 

the  triplicates  of  which  have  not  been  returned  showing  that  the  board 
and  room  rent  for  the  current  month  has  been  paid. 

The  Auditor  shall  have  authority  to  require  such  additional  reports 
from  said  Lady  Manager,  Housekeeper  and  Steward  as  will  give  him  a 
cleaj  insight  into  the  business  affairs  of  the  Dormitories,  and  to  require 
them  to  keep  such  books  as  are  furnished  to  enable  them  to  make  all 
necessary  reports,  and  to  furnish  the  Auditor  monthly  inventories  of 
the  supplies  and  property  on  hand  at  the  close  of  each  month. 

MATRICULATION  OF  STUDENTS. 

Each  student  shall  be  required  to  receive  a  permit  from  the  Dean  be- 
fore he  arranges  his  course  with  the  Advisory  Committee.  The  Auditor 
shall  be  authorized  to  receive  all  fees  due  by  any  student  upon  his  pre- 
senting the  Dean's  permit  upon  the  back  of  which  his  courses  are  checked 
off  by  the  Advisory  Committee,  showing  the  fees  due,  if  any,  for  each 
course. 

AUDITOR. 

The  Auditor  shall  be  the  receiving,  disbursing  and  purchasing  agent 
for  the  University,  and  shall  have  charge  of  the  Accounting  Departments 
of  the  Institution.  He  shall  devise  and  have  kept  a  simple  set  of  books, 
which  shall  show  the  assets  and  liabilities  of  the  University,  and  all 
sources  of  income  and  disbursement,  among  which  books  'shall  be  included 
a  Day  Book  in  which  shall  be  entered,  in  ink,  each  day  a  complete  de- 
scription of  each  and  every  transaction  in  order  that  a  reference  thereto 
at  any  time  will  disclose  a  full  explanation  of  same.  He  shall  audit 
the  accounts  for  all  expenditures,  see  that  they  are  charged  to,  and 
covered  by  proper  appropriations,  that  all  items  of  such  proposed  ex- 
penditures are  clearly  for  the  purpose  for  which  the  appropriations  have 
been  made  by  the  Board  of  Eegents,  and  that  they  have  been  properly 
approved  by  the  persons  responsible  for  such  expenditure. 

The  Auditor  shall  not  pay  out  funds  except  upon  the  previous  author- 
ization of  the  Board  of  Eegents  or  other  officially  designated  authority, 
and  he  shall  be  responsible  for  the  proper  accounting  of  every  cent  re- 
ceived and  disbursed  which  may  be  placed  in  his  hands. 

The  Auditor  shall  procure  and  have  kept  a  full,  complete  and  perfect 
set  of  books  which  shall  show  all  the  financial  transactions  of  the  Uni- 
versity of  Texas.  In  such  books,  under  proper  and  appropriate  head- 
ings, shall  be  entered  and  kepf  a  full,  complete,  properly  classified  and 
perfect  system  of  accounts  showing  all  properties  of  every  kind  and  de- 
scription and  wherever  situated,  belonging  to  The  University  of  Texas, 


./>?*  I A 

Regulations  for  the  Government  of  The  University  of  Texas.       21 

on  the  first  day  of  September,  1904,  and  all  subsequent  acquisitions,  addi- 
tions to  and  increase  thereof,  and  in  such  manner  as  at  all  times  to 
clearly,  truthfully  and  fully  set  forth,  with  proper  classification,  all  of 
the  Assets  and  Liabilities  of  The  University  of  Texas. 

It  shall  be  the  duty  of  the  Auditor  to  supervise  and  see  that  the  book- 
keeper shall  properly  keep  all  of  said  books  and  the  accounts  therein  en- 
tered, that  said  bookkeeper  shall  promptly  and  accurately  enter  in  said 
books  all  items  of  account  so  as  to  correctly  and  completely  show  all  of 
the  financial  transactions  of  said  University  with  all  persons,  and  that 
at  the  close  of  each  day  said  books,  and  all  .matters  relating  thereto,  shall 
be  posted  and  kept  complete,  and  shall  never  be  allowed  to  get  behind, 
excepting  only  during  the  few  very  busy  days  of  matriculation  at  the  be- 
ginning of  each  session. 

For  the  purpose  of  securing  prompt  attention  and  preventing  loss  of 
bills  and  accounts,  a  Voucher  Eecord  shall  be  kept,  in  which  every  ac- 
count and  bill  against  the  University,  after  approval  by  the  person  con- 
tracting the  same,  shall  be  promptly  entered,  and  approved  by  the 
Auditor  for  payment.  Said  Voucher  Eecord  shall  show  the  date  of 
payment  of  all  bills  and  accounts,  and  to  whom  and  how  the  same  were 
paid,  whether  by  check  or  by  warrant. 

All  accounts  of  The  University  of  Texas  shall  be  kept  in  one  Ledger, 
and  the  general  trial  balance  shall  cover  all  accounts. 

The  Auditor  shall  keep  a  special  record  for  the  purpose  of  furnishing 
monthly  balances  to  the  credit  of  each  appropriation,  which  he  shall 
promptly  and  regularly  transmit,  each  month,  for  the  examination  of 
the  President  and  Chairman  of  the  Board  of  Regents,  so  that  they  may 
keep  advised  of  the  true  condition  of  the  affairs  of  the  University. 

The  Auditor  shall  act  as  purchasing  agent  for  all  supplies  for  the 
University,  except  those  specially  authorized  by  the  Board  to  be  pur- 
chased by  the  heads  of  schools  for  their  laboratories,  and  no  purchases 
shall  be  made  except  upon  an  order  signed  by  the  Auditor  of  which  he 
shall  make  and  keep  a  carbon  duplicate. 

The  Auditor  shall  purchase  in  bulk,  and  act  as  Commissary  in  keeping 
on  hand,  a  reasonable  supply  of  stationery,  pencils,  pens,  ink  and  other 
office  supplies,  and  he  shall  keep  a  complete  record  against  each  head  of 
a  department  or  school  using  the  same,  and  all  such  supplies  charged  to 
the  University  shall  be  obtained  from  the  Auditor. 

The  Auditor  shall  enter  into  a  'bond  in  the  sum  of  $20,000,  with  four 
or  more  good  and  sufficient  sureties,  conditioned  that  he  will  fully  and 
faithfully  perform  all  the  duties  now  required  of  him  or  which  may 
hereafter  be  required  of  him  by  the  rules,  regulations  and  resolutions  of 
the  Board  of  Eegents,  that  he  will  faithfully  and  honestly  keep,  account 


22       Regulations  for  the  Government  of  The  University  of  Texas. 

for  and  turn  over  to  his  successor,  or  to  such  person  as  the  Board  of 
Eegents  shall  direct,  and  according  to  the  directions  of  said  Board,  all 
moneys  and  all  properties,  vouchers  and  papers  belonging  to  The  Uni- 
versity of  Texas,  or  to  any  Department  thereof,  and  that  he  will  keep  and 
havg  kept  a  full  and  complete  set  of  books  which  shall  correctly  and  truly 
set  forth  and  show  all  the  financial  and  'property  accounts,  transactions 
and  dealings  of  said  University  with  all  persons,  and  as  required  by  said 
Board. 

The  Auditor  shall  be  the  custodian  and  shall  be  responsible  for  the 
safe  keeping  of  all  property  belonging  to  The  University  of  Texas,  not 
in  charge  of  the  heads  of  the  various  schools,  or  special  agents  and  em- 
ployees of  the  Institution  by  authority  of  the  Board,  and  he  shall  keep 
a  true  and  correct  inventory  of  all  property  in  his  charge,  and  shall  have 
authority  to  require,  at  least  annually,  and  oftener  if  necessary,  a  state- 
ment from  such  heads  of  schools,  special  agents  and  employees,  showing 
the  property  in  their  immediate  possession  belonging  to  the  University. 

SPECIAL  AUDITING  EXAMINER. 

There  shall  be  appointed,  annually,  at  the  June  meeting  of  the  Board 
of  Eegents,  for  the  ensuing  fiscal  year  an  experienced  expert  Auditing 
Accountant,  who  shall  be  known  as  Special  Auditing  Examiner,  who  shall 
in  no  wise  be  connected  with  The  University  of  Texas,  nor  with  any  one 
sustaining  any  official  relation  or  the  relation  of  employee  with  said  In- 
stitution, whose  duty  it  shall  be  to  periodically  make  a  full  and  detailed 
examination  of  the  office  of  the  Auditor  of  the  University.  Such  exam- 
inations shall  be  .made  at  least  twice  each  year  and  oftener,  if  so  di- 
rected by  the  Chairman  of  the  Board  of  Regents,  and  said  Examiner  shall, 
without  giving  notice  beforehand,  drop  into  the  office  of  the  Auditor, 
count  the  cash  on  hand,  verify  the  bank  account  and  the  balances  as 
shown  by  the  Comptroller's  and  Treasurer's  books,  examine  and  check 
each  and  every  voucher,  'see  that  all  are  regular  and  in  accord  and  com- 
pliance with  the  appropriations  and  regulations  of  the  Board  and  the 
authority  given,  examine  and  properly  audit  the  books  and  records,  and 
he  shall  then  prepare  and  file  a  written  report  with  the  Chairman  of  the 
Board  of  Eegents  and  President  of  the  University,  giving  in  detail  any 
matter  of  irregularity  he  may  find.  Said  Examiner  shall  also,  from 
time  to  time,  make  in  writing  to  the  Chairman  of  the  Board  and  to  the 
President,  any  suggestions  as  to  the  future  need  of  improvement  in  the 
accounting  system  of  the  University,  as  in  the  judgment  of  said  Exam- 
iner will  render  more  perfect  said  system. 


Regulations  for  the  Government  of  The  University  of  Texas.        23 

APPROPRIATIONS,    PURCHASES,   EMPLOYMENT,    ETC. 

The  Board  of  Regents  in  making  appropriations  shall  plainly  specify 
the  purpose  for  which  each  appropriation  is  made.,  and  no  expenditure  of 
money  shall  be  made  except  upon  the  authority  of  such  an  appropriation 
previously  made  and  entered  of  record  upon  the  minutes  of  said  Board. 

All  appropriations  shall  lapse  at  the  end  of  the  fiscal  year,  unless 
otherwise  specially  ordered.  By  a  vote  of  the  Board  an  appropriation 
may  be  made  to  lapse  at  any  time. 

Articles  and  materials  for  the  University  shall  be  purchased  by  persons 
or  committees  designated  by  order  of  the  Board  of  Regents.  When  none 
are  so  designated,  the  Auditor  shall  act  as  purchasing  agent. 

The  auditor  shall  issue  an  order  for  purchase  to  persons  authorized 
by  the  Board  of  Regents  to  make  purchases,  but  shall  not  do  so  unless  the 
records  of  said  Board  show  that  such  purchase  has  been  authorized,  and 
that  the  money  for  payment  thereof  has  been  appropriated.  The  order 
shall  clearly  set  forth  the  articles  or  materials  ordered,  and  shall  state 
the  fund  from  which  the  account  is  to  be  paid.  The  order  of  the  Auditor 
shall  accompany  all  bills  of  account  for  purchase  (or  said  bills  shall  refer 
to  said  orders),  on  presentation  of  such  bills  for  audit  and  payment. 
But  no  order  for  the  purchase  of  furniture,  apparatus,  or  equipment,  un- 
less specifically  ordered  by  the  Board  of  Regents,  shall  be  made  unless 
the  advisability  of  such  purchase  is  approved  by  the  President  of  the 
University,  nor  unless  the  price  which  it  is  proposed  to  pay  is  approved 
by  the  Auditor. 

General  items  of  appropriations  which  are  not  under  the  direction  of 
any  specified  School  or  head  of  a  Department  shall  be  under  the  direc- 
tion of  the  President,  and  expenditures  therefrom  shall  only  be  author- 
ized by  him. 

All  persons  composing  the  force  of  administrative  officers,  and  all  other 
employees  of  the  several  Departments,  and  all  members  of  the  Faculty 
and  Instruction  force,  shall  be  employed  and  their  salaries  shall  be  fixed 
by  the  Board  of  Regents.  The  monthly  pay-roll  of  such  persons  shall  be 
approved  by  the  President,  but  he  shall  not  approve  the  pay  of  any  per- 
son who  has  not  rendered  prescribed  service  during  the  month,  unless 
such  person  shall  have  been  previously  formally  excused  from  performing 
such  service  by  the  Board  of  Regents  or  by  the  President  of  the  Univer- 
sity, under  the  rules  governing  the  Institution.  The  Auditor  shall  have 
prepared  the  monthly  pay-roll  for  the  approval  of  the  President  each 
month,  setting  forth  for  each  person  the  amount  of  salary  for  the  month, 
as  fixed  by  the  Board  of  Regents. 

Purchases  to  an  amount  exceeding  $100  shall  be  let  by  contract,  after 


24       Regulations  for  the  Government  of  The  University  of  Texas. 

competition,  unless  the  character  of  the  materials  or  articles  renders  com- 
petition impracticable. 


FISCAL  YEAR. 

The  fiscal  year  of  the  University  shall  begin  on  the  first  day  of  Sep- 
tember in  each  year,  and  shall  end  on  the  thirty-first  day  of  August  next 
succeeding. 

INVENTORIES   OF   PROPERTY. 

There  is  a  standing  order  of  the  Board  of  Eegents  requiring  the  head 
of  each  School  in  the  University  to  keep  an  inventory  book  in  which  to 
enter  in  detail  all  apparatus  and  other  property  belonging  to  said 
School. 

In  addition  to  keeping  said  book,  the  Head  of  each  School  shall  pre- 
sent to  the  Board  of  Eegents,  at  its  annual  meeting  in  October,  an  in- 
ventory of  all  apparatus  and  other  property  belonging  to  said  School,  to- 
gether with  a  statement  of  the  condition  thereof.  Said  inventories  shall 
be  prepared  and  delivered  to  the  Auditor  on  or  before  July  first,  previous 
to  said  annual  meeting,  and  it  shall  be  the  duty  of  the  Auditor  to  present 
said  inventories  to  the  Board  of  Eegents. 

FORBIDDING  PRIVATE  USE  OF  UNIVERSITY  PROPERTY. 

No  one  connected  with  the  University,  in  any  capacity,  shall  use  for 
his  own  pleasure  or  for  any  other  personal  purpose  any  University  prop- 
erty of  whatsoever  description;  and  no  one  shall  be  permitted  to  remove 
from  the  buildings  or  grounds  any  property  belonging  to  the  University, 
even  though  it  may  seem  to  be  of  no  value,  unless  it  be  temporarily  and 
pursuant  to  some  well  established  regulation  or  usage,  or  with  the  dis- 
tinct approval  of  the  President  or  Auditor  of  the  University. 

It  shall  be  the  duty  of  the  Faculty  to  enact  rules  and  regulations  for 
the  conduct  of  the  University,  subject  to  the  authority  of  the  President 
and  Board  of  Eegents. 


CHAPTER  III. 
ORGANIZATION  AND  ADMINISTRATION. 

FACULTY. 

President — The  President  shall  be  the  executive  head  of  the  Univer- 
sity and  a  member  of  each  Faculty  thereof.  It  shall  be  his  duty  to  secure 
efficiency  in  all  of  the  Departments,  and  orderly  and  economical  adminis- 
tration and  healthful  development  in  all  the  affairs  of  the  University. 
He  is  clothed  with  all  authority  needful  to  that  end,  and  for  his  acts  is 
answerable  to  the  Board  of  Regents  alone. 

Departments  of  the  University — The  University  of  Texas  shall  be  com- 
posed of  the  College  of  Arts,  the  Department  of  Engineering,  the  De- 
partment of  Education,  the  Department  of  Law,  and  the  Department 
of  Medicine,  and  such  other  Departments  as  may  hereafter  be  established 
by  the  Board  of  Regents. 

The  Medical  Branch,  located  by  the  vote  of  the  people  of  the  State  at 
Galveston,  shall  constitute  the  Department  of  Medicine  in  the  University. 

The  Main  University,  located  by  the  vote  of  the  people  of  the  State  at 
Austin,  shall  constitute  all  other  Departments  of  the  University. 

Deans — The  Deans  of  the  several  Departments  of  the  University  shall 
see  to  the  execution  of  Faculty  Regulations,  shall  concern  themselves 
about  the  interests  of  individual  students,  shall  see  that  the  courses  of 
instruction  are  as  well  correlated  as  practicable,  and  shall,  with  other 
members  of  the  Faculty,  render  such  assistance  to  the  President  as  that 
officer  may  desire. 

The  Dean  of  each  Department  shall  be  responsible  to  the  President  for 
carrying  out  all  University  policies,  and  for  the  execution  of  all  estab- 
lished rules  or  special  directions  given  by  any  superior  authority.  The 
Dean  of  each  Department  shall  make  an  annual  report  in  writing  to  the 
President,  on  or  before  the  first  day  in  May  in  each  year,  in  which  he 
shall  fully  treat  of  the  work  in  the  Department  over  which  he  presides. 
He  may  make,  report  or  advance  suggestions  at  any  time,  and  shall  report 
to  the  President  whenever  requested  to  do  so. 

Schools  or  Chairs — The  ranking  Professor  of  each  School  or  Chair  in 
the  University  shall  be  the  head  thereof  and,  subject  to  superior  author- 
ity as  to  policy  and  course  of  procedure,  he  shall  be  responsible  for  the 
quality  and  efficient  progress  of  the  School  or  Chair ;  and  all  subordinates 
therein  shall  conform  to  his  views  touching  the  policy  of  such  School  or 
Chair  while  they  exercise  their  own  originality  or  genius  in  carrying  it 


26        Regulations  for  the  Government  of  The  University  of  Texas. 

out.  When  there  is  no  head  Professor  in  a  School  or  Chair,  the  Presi- 
dent shall  designate  who  shall  act  as  such  until  a  head  Professor  shall 
be  appointed.  Subordinates  in  any  School  or  Chair,  arid  particularly 
Associate  Professors,  shall  be  entitled  to  offer  to  the  head  Professor 
thereof  such  suggestions  as  they  may  see  fit  concerning  the  general  pol- 
icy of  the  School  or  Chair ;  but  the  final  determination  of  that  policy  shall 
rest  with  the  head  thereof  and  with  the  authorities  superior  to  him. 
Such  head  Professor  shall  make  all  reports  for  his  School  or  Chair,  shall 
prepare  estimate  for  the  expenses  thereof,  and  shall  'be  responsible  for  the 
distribution  and  expenditure  of  funds  appropriated  for  it. 

Dean  of  Women — The  Dean  of  Women  shall  be  charged  with  the  gen- 
eral oversight  of  all  the  women  students  of  the  University.  She  shall 
seek  to  become  their  representative,  guide  and  friend.  It  shall  be  her 
duty  to  aid  and  advise  them  in  their  University  work  and  in  social  life, 
to  the  end  that  the  highest  attributes  of  independence  and  true  womanly 
character  may  be  developed. 

The  Dean  of  Women  shall  seek  the  improvement  and  extension  of 
those  lines  of  University  work  in  which  women  students  are  most  inter- 
ested, and  she  shall  endeavor  to  enlarge  all  instrumentalities  which  will 
promote  their  physical  and  intellectual  vigor. 

Employment — It  is  assumed  that  all  persons  worthy  of  employment  in 
the  University  will  be  interested  above  all  else  in  developing  the  work  of 
the  Department  to  which  they  respectively  belong,  will  have  no  interest 
incompatible  therewith^  and  will  give  the  utmost  of  their  powers  at  all 
times  to  the  promotion  of  that  end. 

The  importance  of  rest  and  recreation  to  teachers  is  recognized,  and 
it  is  desired  that  all  shall  have  reasonable  vacations,  and  shall  use  their 
vacations  rationally  to  promote  the  ends  for  which  they  were  afforded; 
but  it  must  not  be  supposed  that  the  vacation  of  the  Faculty  extends  from 
Commencement  Day  to  the  day  on  which  instruction  begins  in  the  fall. 
All  members  of  he  Faculty  will  be  expected  to  be  in  actual  attendance  up 
to  the  15th  day  of  June,  and  on  and  after  the  15th  day  of  September,  ex- 
cept on  leave  extended,  for  special  reasons,  by  the  President  of  the  Uni- 
versity; and  that  during  the  intervening  time  they  shall  keep  the  Presi- 
dent notified  of  their  whereabouts,  and  will  respond  quickly  for  service. 

It  is  the  desire  and  intention  of  the  Board  that  all  competent  and  effi- 
cient teachers  shall  feel  secure  in  their  positions  and  remain  permanently 
in  the  service  of  the  University ;  but  experience  shows  that  it  is  necessary 
for  the  Board  to  reserve  the  legal  right  to  terminate  service  at  any  time 
for  any  reason  which,  in  the  judgment  of  the  Board,  the  interests  of  the 
University  shall  require;  and  all  employment  must  be  accepted  upon  this 
condition.  No  summary  dismissal  will  be  made,  except  for  conduct  pre- 


Regulations  for  the  Government  of  The  University  of  Texas.        27 

judicial  to  the  University.  When  service  is  terminated  by  the  Board  for 
other  cause  than  misconduct,  notice  will  be  given  at  the  earliest  time  prac- 
ticable; and  in  case  a  member  of  the  Faculty  intends  to  leave  the  service 
of  the  University,  it  is  but  fair  that  the  President  of  the  University  shall 
be  advised,  at  least  as  soon  as  the  purpose  has  been  determined  upon.  In 
case  a  resignation  is  presented  to  take  effect  at  some  future  time,  the 
Board  will  exercise  the  right  to  terminate  the  service  at  that  time,  or  at 
some  earlier  date,  as  may  seem  just  to  all  interests  involved.  In  case  a 
member  of  the  Faculty  enters  upon  regular  employment  elsewhere  before 
the  termination  of  service  in  the  University,  that  fact  will  work  a  termi- 
nation of  service  and  cessation  of  salary  here.  Absence  from  ordinary 
service  in  the  University  for  any  other  cause  than  sickness  must  be  with 
the  approval  of  the  President,  if  for  less  than  ten  days;  and  if  for  a 
longer  time,  with  the  approval  of  the  Board  of  Regents.  For  any  failure 
to  comply  with  all  the  conditions  of  loyal  and  interested  service,  which 
are  an  honorable  obligation  upon  all  members  of  the  Faculty,  the  Board 
of  Regents  will  feel  free  to  withhold  salary  so  far  as  the  interest  of  the 
University  and  justice  to  others  may  seem  to  demand. 

Merit  Basis  for  University  Positions — All  University  positions  should 
be  kept  upon  the  merit  basis.  No  officer  or  employee  should  be  removed 
except  for  good  cause;  and  whenever  an  appointment  is  made  it  should 
be  made  solely  with  regard  to  the  special  fitness  of  the  appointee.  Ap- 
pointment of  a  relative  of  a  member  of  the  Board,  or  of  any  other  person 
occupying  an  influential  position  in  the  University,  is  wholly  disapproved. 
Political,  social,  fraternal,  or  church  influences  are  to  be  altogether  ig- 
nored, and  every  appointment  must  be  made  upon  the  merit  basis.  The 
President  and  other  officers  of  the  University  are  to  feel  fully  assured 
that  the  Regents  will  heartily  support  them  in  acting  upon  this  principle. 

Attending  Teachers'  Associations — Members  of  the- Faculty  should  be 
disposed  to  attend,  at  least  occasionally,  and  'at  their  own  expense,  educa- 
tional associations,  because  of  the  obligations  all  teachers  are  under  to 
sustain  such  associations;  and  the  same  rule  should  apply  to  attendance 
by  members  of  the  Faculty  upon  meetings  of  associations  of  his  own 
special  class  or  calling  for  the  promotion  of  the  particular  line  of  work 
in  which  he  is  engaged,  because  such  attendance  is  in  the  interest  of  his 
own  efficiency  rather  than  of  University  representation.  Beyond  this, 
the  President  of  the  University  is  authorized  to  determine  at  what  meet- 
ings it  seems  sufficiently  important  that  the  University  shall  be  repre- 
sented to  justify  the  expense  thereof;  he  shall  feel  free  to  attend  such 
meetings  himself,  if  he  thinks  it  desirable  to  do  so ;  and  if  not,  he  shall  ar- 
range for  such  representation  as  he  thinks  proper,  and  the  expense  thereof 
may  be  a  University  charge. 


28        Regulations  for  the  Government  of  The  University  of  Texas. 

Services  Rendered  the  University. — No  member  of  the  instructional 
force  of  the  University  shall  be  employed  in  any  work  which  does  not 
naturally  come  within  the  scope  of  his  duties,  and  for  which  additional 
compensation  is  expected,  without  the  approval  of  the  President  of  the 
University  and  the  action  of  the  Board  of  Regents  in  regular  session. 

Library — All  books,  pamphlets,  maps,  etc.  (other  than  account  books 
and  books  of  record)  purchased  with  funds  of  the  University,  shall  be 
deemed  to  belong  to  the  University  Library. 

All  parts  of  the  Library  shall  be  in  the  custody  of  the  Librarian,  who 
shall  be  responsible  for  the  condition  of  the  same. 

All  reference  books  and  current  periodicals,  magazines  and  newspapers, 
shall  be  made  as  easy  of  access  as  practicable  to  all  patrons  of  the  Library, 
and  no  limitations  not  necessary  to  their  preservation  shall  be  placed 
upon  their  free  use. 

All  other  books,  except  such  as  are  referred  to  in  the  next  paragraph, 
shall  be  delivered  for  use  by  the  Librarian  or  his  assistants  only,  upon  a 
proper  call. 

Books  which  are  purely  technical  and  relate  to  the  work  of  a  single 
School  or  Department  only  may  be  taken  out  by  that  School  or  Depart- 
ment under  such  regulations  and  for  such  times  as  the  Librarian  may  de- 
termine; but  the  Librarian  shall  not  thereby  cease  to  be  responsible  for 
their  safe  keeping  and  proper  use. 

The  Librarian  may  make  and  enforce  such  rules  for  the  government  of 
the  Library  as  are  approved  by  the  President. 

FINIS. 


APPENDIX. 


I.-HISTORICAL  SKETCH  OF  THE  UNIVERSITY. 

The  University  of  Texas  is  a  State  institution,,  ordained  by  the  Consti- 
tution, located  by  popular  vote,  endowed,  and  maintained  by  Legislative 
grants. 

The  idea  of  a  university  for  Texas  is  as  old  as  Texas.  The  Declaration 
of  Texas  Independence,  March  2,  1836,  has  for  one  of  the  main  counts'in 
its  indictment  against  the  Government  of  Mexico  the  following :  "It  has 
failed  to  establish  any  public  system  of  education,  although  possessed  of 
almost  boundless  resources  (the  public  domain),  and  although  it  is  an 
axiom  in  political  science  that,  unless  a  people  are  educated  and  enlight- 
ened, it  is  idle  to  expect  the  continuance  of  civil  liberty,  or  the  capacity 
for  self-government."  In  accordance  with  the  doctrine  thus  proclaimed, 
the  first  Constitution  of  the  Republic  declares  it  to  be  the  duty  of  Con- 
gress "to  provide,  as  soon  as  circumstances  will  permit,  *  *  *  a 
general  system  of  education." 

The  first  direct  steps  towards  the  founding  of  the  University  were  taken 
by  the  Congress  of  the  Republic  in  two  acts  passed  during  January,  1839. 
One  of  these  provided  for  the  setting  apart  of  land  for  a  campus  in  the 
future  city  of  Austin.  The  other  appropriated  fifty  leagues  of  the  vacant 
lands  of  the  Republic  for  the  purpose  of  University  education. 

The  establishment  of  the  University  was  provided  for  by  an  act  of  the 
Legislature,  February  11,  185^8.  The  preamble  of  said  act  reads  as  fol- 
lows :  "Whereas,*  from  the  earliest  time.,  it  has  been  the  cherished  de- 
sign of  the  people  of  the  Republic  and  of  the  State  of  Texas,  that  there 
shall  be  established  within  her  limits  an  institution  of  learning  for  the 
instruction  of  the  youths  of  the  land  in  the  higher  branches  of  learning 
and  in  the  liberal  arts  and  sciences,  and  to  be  so  endowed,  supported,  and 
maintained  as  to  place  within  the  reach  of  our  people,  whether  rich  or 
poor,  the  opportunity  of  conferring  upon  the  sons  of  the  State  a  thor- 
ough education,  and  as  a  means  whereby  the  attachment  of  the  young 
men  of  the  State  to  the  interests,  the  institutions,  the  rights  of  the  State, 
and  the  liberties  of  the  people  might  be  encouraged  and  increased,  and  to 
this  end  liberal  appropriations  have  been  made ;  and  whereas  the  increase 
of  population  and  wealth  of  the  State,  and  the  tendency  of  events,  indi- 
cate the  fitness  of  now  putting  the  cherished  design  into  effect;  there- 
fore/' etc.  This  act  made  provision  for  the  endowment  of  the  University 
by  adding  to  the  fifty  leagues  granted  in  1839  one  hundred  thousand  dol- 


30  Appendix. 

lars  in  United  States  bonds,  and  one  section  of  land  out  of  every  ten  re- 
served for  the  use  of  the  State  by  the  various  acts  of  the  Legislature. 

Provision  was  also  made  for  the  organization  of  the  University,  but 
was  not  carried  out  because  of  the  Civil  War  and  the  unhappy  era  of 
Reconstruction.  Indeed,  under  the  exigencies  of  civil  war,  a  large  portion 
of  the  University  endowment  had  been  turned  into  the  general  revenue 
account  and  appropriated  to  the  necessities  of  the  State.  But  under  di- 
rection of  the  Constitution  of  1866  the  Legislature  refunded  the  amount 
previously  diverted.  The  same  Constitution  provided  that  "the  Legis- 
lature shall,  at  an  early  day,  make  such  provision  by  law  as  will  organize 
and  put  in  operation  the  University;"  but  the  times  were  unpropitious, 
and  the  organization  was  still  delayed. 

Provision  for  the  organization  and  the  maintenance  of  the  University 
was  again  made  in  the  Constitution  of  1876.  This  Constitution  took 
away  from  the  endowment  the  lands  which  had  been  added  to  it  by  the 
Ace  of  1858,  and  gave  in  lieu  thereof  one  million  acres  further  west.  It 
made  the  Agricultural  and  Mechanical  College  of  Texas,  which  had  been 
established  a  short  time  before  and  located  in  Brazos  County,  a  branch 
of  the  University  "for  instruction  in  Agriculture,  the  mechanic  arts, 
and  the  natural  sciences  connected  therewith/'  and  provided  for  the  sub- 
sequent organization  of  "a  College  or  branch  University"  for  the  instruc- 
tion of  the  colored  youths  of  the  State.  To  the  lands  previously  set  apart 
and  appropriated  for  the  endowment,  the  Legislature  in  1883  added  one 
million  acres. 

The  act  of  the  Legislature  providing  for  the  organization  of  the  Uni- 
versity was  passed  in  1881.  It  provided  for  the  location  of  the  institution 
by  popular  vote,  at  the  same  time  creating  a  Board  of  Eegents,  to  whom 
was  intrusted  its  organization  and  government.  Among  the  provisions  of 
the  act  affecting  the  policy  of  the  University  may  be  mentioned  the  lim- 
itation of  the  matriculation  fee  to  thirty  dollars,  the  admission  of  men 
and  women  on  equal  terms  without  charge  for  tuition,  and  the  injunction 
that  no  religious  qualification  should  be  required  for  admission  to  any 
office  or  privilege  connected  with  the  University,  and  that  no  sectarian 
instruction  be  given  therein. 

By  popular  election  in  September,  1881,  the  Main  University  was  lo- 
cated at  Austin  and  the  Medical  Department  at  Galveston.  Under  au- 
thority of  the  Regents  the  Academic  and  Law  Departments  were  organ- 
ized; and  on  the  15th  of  September,  1883,  the  University  was  formally 
opened  in  the  University  building,  then  incomplete  and  consisting  of  the 
west  wing  only.  The  exercises  were  conducted  in  the  Temporary  Capitol 
until  the  first  day  of  January,  1884,  when  the  rooms  in  the  University 
building  were  occupied.  The  central  part  of  the  Main  University  build- 


Appendix.  31 

ing  was  completed  in  the  fall  of  1889.  The  John  Sealy  Hospital  was  do- 
nated to  the  University  by  the  city  of  Galveston  in  1890,  to  be  used  in 
connection  with  instruction  given  in  the  Medical  Department.  Uni- 
versity Hall,  Austin,  the  gift  of  Mr.  George  W.  Brackenridge,  was  opened 
to  students  December  1,  1890.  The  Medical  Department  building  at 
Galveston  was  completed  in  the  summer  of  1891,  and  the  Medical  School 
was  formally  opened  in  October  of  that  year.  The  Chemical  Building 
of  the  Main  University  was  opened  to  students  January  1,  1892.  Uni- 
versity Hall,  Galveston,  also  the  gift  of  Mr.  Brackenridge,  was  com- 
pleted in  March,  1898.  The  east  wing  of  the  Main  University  building 
was  completed  in  January,  1899.  In  1900,  University  Hall,  Austin,  was 
greatly  enlarged.  The  Woman's  Building,  at  Austin,  was  ready  for  oc- 
cupancy,in  October,  1903.  The  Engineering  Building  was  completed  in 
September,  1904. 


II.— CONSTITUTIONAL    PROVISIONS   AND    LAWS    RELATING  TO  THE 

UNIVERSITY. 


A. 
CONSTITUTION— AETICLE  VII. 

UNIVERSITY. 

SECTION  10.  The  Legislature  shall  as  soon  as  practicable  establish,  or- 
ganize and  provide  for  the  maintenance,  support  and  direction  of  a  uni- 
versity of  the  first  class  to  be  located  by  a  vote  of  the  people  of  this  State, 
and  styled  "The  University  of  Texas/7  for  the  promotion  of  Literature 
and  the  Arts  and  Sciences,  including  an  Agricultural  and  Mechanical 
Department. 

SEC.  11.  In  order  to  enable  the  Legislature  to  perform  the  duties  set 
forth  in  the  foregoing  section,  it  is  hereby  declared  that  all  lands  and 
other  property  heretofore  set  apart  and  appropriated  for  the  establish- 
ment and  maintenance  of  "The  University  of  Texas,"  together  with  all 
the  proceeds  of  sales  of  the  same  heretofore  made  or  hereafter  to  be  made, 
and  all  grants,  donations  and  appropriations  that  may  hereafter  be  made 
by  the  State  of  Texas,  or  from  any  other  source,  shall  constitute  and  be- 
come a  university  fund.  And  the  same  as  realized  and  received  into  the 
treasury  of  the  State  (together  with  such  sum  belonging  to  the  fund  as 
may  now  be  in  the  treasury),  shall  be  invested  in  bonds  of  the  State  of 
Texas,  if  the  same  can  be  obtained ;  if  not,  then  in  United  States  bonds ; 
and  the  interest  accruing  thereon  shall  be  subject  to  appropriation  by  the 
Legislature  to  accomplish  the  purpose  declared  in  the  foregoing  section ; 


32  Appendix. 

provided,,  that  the  one- tenth  of  the  alternate  sections  of  the  lands  granted 
to  railroads,  reserved  by  the  State,  which  were  set  apart  and  appropriated 
to  the  establishment  of  "The  University  of  Texas/'  by  an  act  of  the 
Legislature  of  February  11,  1858,  entitled  "An  Act  to  establish  'The  Uni- 
versity of  Texas/  "  shall  not  be  included  in  or  constitute  a  part  of  the 
permanent  university  fund. 

SEC.  12.  The  land  herein  set  apart  to  the  university  fund  shall  be 
sold  under  such  regulations,  at  such  times  and  on  such  terms  as  may 
be  provided  by  law;  and  the  Legislature  may  provide  for  the  prompt 
collection,  at  maturity,  of  all  debts  due  on  account  of  university  lands 
heretofore  sold,  or  that  may  hereafter  be  sold,  and  shall  in  neither  event 
have  the  power  to  grant  relief  to  the  purchasers. 

SEC.  13.  The  Agricultural  and  Mechanical  College  of  Texas,  estab- 
lished by  an  act  of  the  Legislature,  passed  April  17,  1871,  located  in  the 
county  of  Brazos,  is  hereby  made  and  constituted  a  branch  of  the  Univer- 
sity of  Texas,  for  instruction  in  Agriculture,  the  Mechanic  Arts  and  the 
Natural  Sciences  connected  therewith.  And  the  Legislature  shall,  at  its 
next  session,  make  an  appropriation,  not  to  exceed  forty  thousand  dollars, 
for  the  construction  and  completion  of  the  buildings  and  improvements, 
and  for  providing  the  furniture  necessary  to  put  said  college  in  immediate 
and  successful  operation. 

SEC.  14.  The  Legislature  shall,  also,  when  deemed  practicable,  estab- 
lish and  provide  for  the  maintenance  of  a  college  or  branch  university 
for  the  instruction  of  the  colored  youths  of  the  State,  to  be  located  by  a 
vote  of  the  people;  provided,  that  no  tax  shall  be  levied  and  no  money 
appropriated  out  of  the  general  revenue,  either  for  this  purpose  or  for  the 
establishment  and  erection  of  the  buildings  of  The  University  of  Texas. 

SEC.  15.  In  addition  to  the  lands  heretofore  granted  to  The  Univer- 
sity of  Texas,  there  is  hereby  set  apart  and  appropriated  for  the  endow- 
ment, maintenance  and  support  of  said  university  and  its  branches,  one 
million  acres  of  the  unappropriated  public  domain  of  the  State,  to  be 
designated  and  surveyed  as  may  be  provided  by  law ;  and  said  lands  shall 
be  sold  under  the  same  regulations  and  the  proceeds  invested  in  the  same 
manner  as  is  provided  for  the  sale  and  investment  of  the  permanent  uni- 
versity fund;  and  the  Legislature  shall  not  have  power  to  grant  any  re- 
lief to  the  purchasers  of  said  lands. 

ARTICLE  III. 

SECTION  48.  The  Legislature  shall  not  have  the  right  to  levy  taxes  or 
impose  burdens  upon  the  people,  except  to  raise  revenue  sufficient  for  the 
economical  administration  of  the  government,  in  which  may  be  included 
the  following  purposes : 


Appendix.  33 

The  support  of  public  schools,  in  which  shall  be  included  colleges  and 
universities  established  by  the  State;  and  the  maintenance  and  support  of 
the  Agricultural  and  Mechanical  College  of  Texas. 

B. 
EEVISED  STATUTES— CHAPTER  1,  ARTICLE  3836.     (3679.) 

FUNDS,  DONATIONS,  PROPERTY,  ETC. 

The  following  shall  constitute  a  permanent  fund  for  The  University 
of  Texas,  to  be  used  for  the  benefit  of  said  university: 

1.  All  lands  and  other  property  heretofore  set  apart  and  appropriated 
for  the  establishment  and  maintenance  of  The  University  of  Texas  under 
any  previous  law. 

2.  One  million  acres  of  the  unappropriated  domain  of  the  State  set 
apart  for  that  purpose  by  the  present  Constitution,  and  one  million  acres 
of  land  set  apart  by  act  of  April  19,  1883. 

3.  All  bonds  that  have  heretofore  or  that  may  hereafter  be  purchased 
with  the  proceeds  of  the  sales  of  the  university  lands. 

4.  All  proceeds  of  the  sales  of  university  lands  that  are  now  or  may 
hereafter  be  placed  in  the  treasury  of  the  State. 

5.  In  addition  to  the  foregoing,  all  grants,  donations  and  appropria- 
tions that  may  be  hereafter  made,  or  that  may  be  received  from  any 
other  source. 

ART.  3837.  (3680.)  Such  portions  of  the  funds  specified  in  the  pre- 
ceding article  as  are  now  in  the  possession  of  the  State  or  that  may  here- 
after be  received,  shall  be  held  in  trust  by  the  State  for  the  use  and  main- 
tenance of  said  university;  and  all  such  funds  as  are  susceptible  of  in- 
vestment, and  that  have  not  heretofore  been  invested,  shall  be  invested 
for  the  benefit  of  such  university  in  the  manner  provided  in  the  Constitu- 
tion and  laws  on  that  subject. 

ART.  3838.  Any  person,  association  of  persons  or  body  corporate  mak- 
ing a  donation  of  property  for  the  purposes  of  establishing  or  assisting 
in  the  establishment  of  a  professorship  or  scholarship  in  the  university  or 
any  of  its  branches,  either  temporarily  or  permanently,  may  vest  the 
legal  title  to  the  property  in  any  person  or  persons,  body  corporate,  or 
the  State  of  Texas,  to  be  held  in  trust  for  said  purpose,  under  such  di- 
rections, limitations  and  provisions  as  may  be  declared  in  writing  in  the 
donation  which  are  now  inconsistent  with  the  objects  and  proper  man- 
agement of  said  institution  and  its  branches. 

ART.  3839.  It  shall  be  lawful  for  the  person  or  persons  or  body  cor- 
porate to  declare  and  direct  the  manner  in  which  the  title  to  said  property 
shall  thereafter  pass  or  be  transmitted  from  the  person  or  persons  or 


34  Appendix. 

body  corporate  receiving  it  to  others  in  continued  succession,  to  be  held 
and  appropriated  to  the  use  aforesaid,  and  it  shall  be  lawful  for  the  donor 
or  donors  to  declare  and  direct  the  person  or  class  of  persons  who  shall 
receive  the  benefit  of  said  donation,  together  with  the  manner  in  which 
the  ^person  or  persons  who  shall  receive  said  benefits  shall  be  from  time 
to  time  selected,  as  it  may  become  necessary  to  carry  out  the  objects  of 
the  donation;  provided  said  declarations  and  directions  are  not  inconsist- 
ent with  the  objects  and  proper  management  of  said  institution  or  its 
branches. 

ART.  3840.  In  the  event  there  is  a  failure  to  transmit  the  title  or  to 
bestow  its  use  in  the  manner  as  declared  and  directed  in  the  donation,  or 
in  the  event  they  or  either  of  them  should  become  impracticable  from 
the  change  of  circumstances,  the  title  to  the  property  unless  otherwise 
directed  expressly  by  the  donor  shall  vest  in  the  State  of  Texas,  to  be  held 
in  trust  to  carry  into  effect  the  purposes  of  the  donation  as  nearly  as  may 
be  practicable  by  such  agencies  as  may  be  provided  therefor. 

ART.  3841.  The  title  to  said  property  donated  shall  be  received  and 
the  trust  conferred  in  the  donation  shall  be  assumed,  subject  to  laws  that 
may  be  passed  and  carried  into  effect  from  time  to  time,  which  may  be 
necessary  to  prevent  the  loss  of  or  damage  the  property  donated,  or  an 
abuse  or  neglect  of  the  trust  so  as  to  defeat,  materially  change,  or  pre- 
vent the  objects  of  the  donation. 

ART.  3842.  Copies  of  said  donation  shall  be  procured  and  filed  with 
the  board  which  may  have  control  of  the  university  or  any  of  its  branches 
to  which  the  donation  applies,  which  board  shall  report  the  condition  and 
management  of  the  property  and  the  manner  in  which  the  trust  is  being 
administered,  as  part  of  the  matters  reported  pertaining  to  said  insti- 
tution. 

C. 
GOVEKNMENT  OF  THE  UOTYEKSITY. 

REVISED  STATUTES CHAPTER  2. 

ARTICLE  3843.  The  government  of  the  University  shall  be  vested  in 
a  board  of  eight  regents,  selected  from  different  portions  of  the  State, 
who  shall  be  nominated  by  the  Governor  and  appointed  by  and  with  the 
advice  and  consent  of  the  Senate.  The  members  of  the  Board  of  Ee- 
gents  heretofore  appointed  shall  continue  to  exercise  their  duties  until 
the  expiration  of  their  respective  terms. 

ART.  3844.  The  Board  of  Regents  shall  be  divided  into  classes,  num- 
bered one,  two,  three  and  four,  as  determined  by  the  board  at  their  first 
meeting;  shall  hold  their  office  two,  four,  six  and  eight  years,  respectively, 


Appendix.  35 

from  the  time  of  their  appointment.  Two  members  shall  be  appointed  at 
each  session  of  the  Legislature  to  supply  the  vacancies  made  by  the  pro- 
visions of  this  article,  and  in  the  manner  provided  for  in  the  preceding 
article,  who  shall  hold  their  offices  for  eight  years  respectively. 

AET.  3845.  The  regents  and  their  successors  in  office  shall  have  the 
right  of  making  and  using  a  common  seal  and  altering  the  same  at 
pleasure. 

ART.  3846.  The  regents  shall  elect  a  Chairman  of  the  Board  of  Re- 
gents  from  their  own  number,  who  shall  hold  his  office  during  the  pleas- 
ure of  the  board.  They  shall  establish  the -departments  of  a  first-class 
university,  determined  the  offices  and  professorships,  appoint  a  President, 
who  shall,  if  they  think  it  advisable,  also  discharge  the  duties  of  a  profes- 
sor, appointed  the  professors  and  their  offices,  fix  their  respective  salaries, 
and  they  shall  enact  such  by-laws,  rules  and  regulations  as  may  be  neces- 
sary for  the  successful  management  and  government  of  the  university; 
they  shall  have  power  to  regulate  the  course  of  instruction,  and  prescribe 
by  and  with  the  advice  of  the  professors,  the  books  and  authorities  used 
in  the  several  departments,  and  to  confer  such  degrees  and  to  grant  such 
diplomas  as  are  usually  conferred  and  granted  by  the  universities. 

ART.  3848.  The  regents  shall  have  power  to  remove  any  professor, 
tutor  or  other  officer  connected  with  the  institution,  when,  in  their  judg- 
ment, the  interest  of  the  university  shall  require  it. 

ART.  3849.  The  fee  of  admission  to  the  university  shall  never  exceed 
thirty  dollars,  and  it  shall  be  open  to  all  persons  in  the  State  who  may 
wish  to  avail  themselves  of  its  advantages,  and  to  male  and  female  on 
equal  terms,  without  charge  of  tuition  under  the  regulations  prescribed 
by  the  regents,  and  all  others  under  such  regulations  as  the  Board  of  Re- 
gents may  prescribe. 

ART.  3850.  The  treasurer  of  the  State  shall  be  the  treasurer  of  the 
university. 

ART.  3851.  The  regents  shall  have  the  authority  to  expend  the  inter- 
est which  has  heretofore  accrued,  and  may  hereafter  accrue,  on  the  per- 
manent university  fund,  for  the  purposes  herein  specified,  and  for  the 
maintenance  of  the  branches  of  the  university. 

ART.  3852.  All  expenditures  may  be  made  by  the  order  of  the  Board 
of  Regents,  and  the  same  shall  be  paid  on  warrants  of  the  Comptroller,- 
based  on  vouchers  approved  by  the  president  and  countersigned  by  the 
secretary. 

ART.  3853.  No  religious  qualification  shall  be  required  for  admission 
to  any  office  or  privilege  in  the  university;  nor  shall  any  course  of  in- 
struction of  a  sectarian  character  be  taught  therein. 

ART.  3854.     The  Board  of  Eegents  shall  report  to  the  Board  of  Educa- 


36  Appendix. 

tion  annually,  and  to  each  regular  session  of  the  Legislature,  the  condi- 
tion of  the  university,  setting  forth  the  receipts  and  disbursements,  the 
number  and  salary  of  the  Faculty,  the  number  of  students,  classified  in 
grade  and  departments,  the  expenses  of  each  year,  itemized,  and  the 
proceedings  of  the  board  and  the  Faculty  fully  stated. 

ART.  3855.  There  shall  be  appointed  by  the  Legislature  at  each  regu- 
lar session  a  Board  of  Visitors,  who  shall  attend  the  annual  examinations 
of  the  University  and  its  branches  and  report  to  the  Legislature  thereon. 

ART.  3856.  The  reasonable  expenses  incurred  by  the  Board  of  Kegency 
and  Visitation  in  the  discharge  of  their  duties  shall  be  paid  from  the 
available  University  fund. 

ART.  3857.  The  Governor  is  authorized  and  directed  to  have  issued 
manuscript  bonds  of  the  State  of  Texas,  to  be  sold  or  exchanged  at  par 
for  the  permanent  University  fund  at  any  time  when  there  is  on  hand 
in  cash  any  reasonable  amount  of  such  funds  not  less  than  five  thousand 
dollars. 

ART.  3858.  Said  bonds  shall  be  of  such  denomination  as  the  Governor 
may  direct,  and  shall  be  redeemable  at  the  pleasure  of  the  State,  and  shall 
bear  interest  at  the  rate  of  five  per  centum  per  annum,  payable  annually 
at  the  State  treasury  on  the  first  day  of  March  of  each  year. 

ART.  3859.  The  bonds  issued  under  this  chapter  shall  recite  the  title 
and  date  of  passage  of  the  act  of  1889,  page  81,  shall  be  signed  by  the 
Governor  and  Treasurer  and  countersigned  by  the  Comptroller,  and  shall 
be  registered  in  the  office  of  £he  State  Treasurer;  and  after  said  bonds 
have  been  registered  the  Governor  shall  offer  said  bonds  to  the  Board  of 
Education  as  an  investment  for  the  permanent  University  fund  then  on 
hand  in  cash  which  are  by  law  authorized  to  be  invested ;  and  if  the  Board 
of  Education  take  said  bonds,  the  Treasurer  and  Comptroller  shall  make 
the  proper  entry,  showing  the  facts  of  the  transaction  and  the  necessary 
transfer  of  such  fund  on  their  books ;  and  if  the  Board  of  Education  shall 
not  take  said  bonds  thus  offered,  the  same  shall  be  destroyed  and  canceled 
and  of  no  effect  whatever. 

D. 
GOVERNMENT  OF  THE  UNIVERSITY— AMENDMENT. 

UNIVERSITY  OF  TEXAS. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 
That  Sections  5  and  8  of  an  act  approved  March  30,  1881,  entitled  "An 
Act  to  establish  The  University  of  Texas,"  shall  be  so  amended  as  to 
hereafter  read  as  follows : 

Section  5.     The  government  of  the  University  shall  be  vested  in  a 


Appendix.  37 

board  of  eight  regents,  selected  from  different  portions  of  the  State,  who 
shall  be  nominated  by  the  Governor  and  appointed  by  and  with  the  con- 
sent and  advice  of  the  Senate.  The  members  of  the  Board  of  Regents 
heretofore  appointed  shall  continue  to  exercise  their  duties  until  the  ex- 
piration of  their  respective  terms. 

Section  8.  The  regents  shall  elect  a  Chairman  of  the  Board  of  Re- 
gents from  their  own  number,  who  shall  hold  his  office  during  the  pleasure 
of  the  board.  They  shall  establish  the  departments  of  a  first-class  Uni- 
versity, determine  the  offices  and  professorships,  appoint  a  President,  who 
shall,  if  they  think  it  advisable,  also  discharge  the  duties  of  a  professor, 
appoint  the  professors  and  other  officers,  fix  their  respective  salaries,  and 
they  shall  enact  such  by-laws,  rules  and  regulations  as^may  be  necessary 
for  the  successful  management  and  government  of  the  University;  they 
shall  have  power  to  regulate  the  course  of  instruction  and  prescribe,  by 
and  with  the  advice  of  the  professors,  the  books  and  authorities  used  in 
the  several  departments,  and  to  confer  such  degrees  and  to  grant  such 
diplomas  as  are  usually  conferred  and  granted  by  universities. 

E. 
CONTROL  OF  LANDS. 

AN  ACT  TO  INVEST  THE  BOARD  OF  REGENTS  OF  THE  UNIVERSITY  OF  TEXAS 
WITH  THE  MANAGEMENT  AND  CONTROL  OF  THE  UNIVERSITY  LANDS. 

SECTION  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas : 
That  the  Board  of  Regents  of  The  University  of  Texas  are  hereby  in- 
vested with  the  sole  and  exclusive  management  and  control  of  the  lands 
which  have  heretofore  been,  or  which  may  hereafter  be  set  aside  and  ap- 
propriated to,  or  acquired  by  The  University  of  Texas,  with  the  right  to 
bell,  lease,  or  otherwise  manage,  control,  and  use  the  same  in  any  man- 
ner and  at  such  prices  and  under  such  terms  and  conditions  as  may  to 
them  seem  best  for  the  interest  of  the  University,  not  in  conflict  with 
the  Constitution  of  this  State ;  provided  that  such  land  shall  not  be  sold 
at  a  less  price  per  a_cre  than  the  same  class  of  land  of  other  funds  may 
be  ?old  at  under  the  statutes. 

SEC.  2.  The  Commissioner  of  the  General  Land  Office  is  hereby  di- 
rected to  furnish  as  soon  as  practicable  to  said  Board  of  Regents  complete 
and  accurate  maps,  and  all  other  data  necessary  to  show  the  location  and 
condition  of  every  tract  of  said  University  lands,  and  shall  at  all  times 
hereafter  furnish  to  said  board  such  additional  information  as  they  may 
require,  and  shall  at  all  times  render  to  said  board  such  assistance  as 
may  be  possible,  and  as  they  shall  request,  in  the  discharge  of  the  duties 
hereby  imposed  on  said  board. 


88  Appendix. 

SEC.  3.  All  records  and  accounts  of  transactions  in  University  lands, 
and  of  moneys  paid  thereon,  shall  be  kept  in  the  General  Land  Office,  and 
in  the  office  of  the  Treasurer,  as  heretofore,  and  all  patents  shall  be  signed 
and  issued  as  heretofore,  and  all  moneys  received  on  the  sales  or  leases  of 
safcl  lands  shall  be  paid  to  the  Treasurer  of  the  State. 

SEC.  4.  Whereas,  it  is  desirable  to  place  said  University  lands  under 
the  control  of  the  Board  of  Regents  at  as  early  date  as  possible,  in  order 
that  the  interests  of  the  University  be  properly  looked  after,  and  the 
greatest  possible  amount  of  revenue  realized,  it  is  declared  that  an  im- 
perative public  necessity  exists,  requiring  the  suspension  of  the  constitu- 
tional rule  which  requires  bills  to  be  read  on  three  several  days,  and  the 
same  is  hereby  suspended,  and  that  this  act  take  effect  and  be  in  force 
from  and  after  its  passage,  and  it  is  so  enacted. 

F. 
LICENSE  TO  PRACTICE  LAW  BY  GRADUATES. 

LAW LICENSE     TO     PRACTICE,     BY     GRADUATES     OF     THE     UNIVERSITY     OF 

TEXAS. 

SECTION  7.  Any  person  holding  a  diploma  from  the  Law  Department 
of  The  University  of  Texas  shall  be  entitled  to  a  license  to  practice  as  an 
Attorney  and  Counselor  at  Law  in  all  the  courts  of  this  State  without  any 
further  examination,  upon  presentation  to  the  Clerk  of  the  Supreme  Court 
of  the  State  such  diploma  within  twelve  months  from  the  issuance  of  the 
same,  together  with  a  certificate  from  the  commissioners  court  of  the 
county  in  which  such  person  resided,  showing  that  such  person  bears  a 
good  reputation  for  moral  character  and  honorable  deportment,  that  he 
has  resided  in  such  county  for  at  least  six  months,  is  at  least  twenty-one 
years  of  age,  and  such  other  and  further  facts  as  may  be  required  by  the 
Supreme  Court  of  this  State;  and  the  Clerk  of  the  Supreme  Court  of 
Texas  is  hereby  authorized  and  empowered  to  issue  said  license  upon  pay- 
ment of  the  fee  of  ten  dollars,  as  required  by  law ;  provided,  that  nothing 
herein  shall  be  construed  to  exempt  the  applicant  for  license  from  taking 
the  oath  required  by  law;  and,  provided  further  that  any  diploma  issued 
by  said  University  on  a  grade  less  than  that  prescribed  by  the  Supreme 
Court  for  examinations  of  applicants  shall  not  entitle  the  holder  thereof 
to  such  license. 

Approved  April  15,  1905. 


Appendix.  39 

III.— OPINIONS  OF  ATTORNEY  GENERAL. 


A. 
POWER  TO  PURCHASE  LAND. 

STATE  OF  TEXAS. 
ATTORNEY  GENERAL'S  DEPARTMENT, 

AUSTIN,  TEXAS,  July  6,  1901. 
Hon.  Thomas  8.  Henderson,  Chairman  Board  of  Regents,  Austin,  Texas. 

DEAR  SIR  :  I  am  in  receipt  of  a  communication  from  yourself,  bearing 
date  of  July  1,  1901,  in  which  you  ask  for  an  expression  of  the  official 
opinion  of  the  Attorney  General,  upon  the  question  as  to  whether  the 
Regents  of  the  State  University  of  Texas  have  authority  to  acquire  by 
purchase  additional  land  for  University  purposes,  as  for  instance,  the  pur- 
chase of  additional  grounds  on  which  to  erect  a  gymnasium,  and  establish 
an  athletic  field  for  practice  and  instruction  in  physical  culture  for  the 
students  of  the  University,  and  in  reply,  beg  leave  to  answer : 

ART.  3843  of  the  Eevised  Statutes  provides  that  the  government  of  the 
University  shall  be  vested  in  a  board  of  eight  regents,  and  Article  3846 
provides  that  they  (the  Eegents)  shall  estalish  the  departments  of  a  first- 
class  University;  and  the  question  as  to  whether  or  not  a  gymnasium  and 
athletic  .field  is  a  necessary  department  of  a  first-class  University,  is  en- 
tirely a  question  for  the  determination  of  the  Regents.  Their  determina- 
tion in  the  matter  is  not  subject  to  be  reviewed  by  anybody.  I  therefore 
give  it  as  the  official  opinion  of  the  Attorney  General's  Department  that 
the  Board  of  Regents  would  have  the  power  and  authority  to  make  the 

purchase  inquired  about. 

Very  respectfully, 

C.  K.  BELL, 
Attorney  General. 

B. 
CONTROL  OF  AVAILABLE  FUNDS. 

AUSTIN,  TEXAS,  November  11,  1905.  . 
Hon.  Jno.  W.  Stephens,  Comptroller  of  Public  Accounts.,  Capitol. 

DEAR  SIR  :  We  have  your  letter  of  the  8th  inst.  enclosing  a  communi- 
cation to  you  from  President  D.  F.  Houston  of  The  University  of  Texas, 
of  date  November  7,  1905,  relative  to  your  authority  to  issue  warrant  in 
payment  for  certain  repairs  upon  one  of  the  buildings  of  The  University 
of  Texas. 


40  Appendix. 

The  first  paragraph  of  President  Houston's  letter  is  as  follows : 

"The  University  Auditor,  Mr.  Winn,  reports  to  me  that  the  warrant 
clerk  has  declined  to  issue  warrant  on  the  enclosed  voucher  for  the  sum 
of  $1181.37,  due  Mr.  J.  0.  Buaas,  of  Austin,  for  repairing  the  audito- 
rium -roof,  on  the  ground  that  the  provisions  of  the  closing  paragraphs 
of  the  appropriation  bill,  relating  to  the  employment  of  architects  and 
agreements  with  contractors  were  not  complied  with.  The  amount  in 
question  is  to  be  paid  out  of  the  available  University  funds,  and  I  respect- 
fully submit  that  it  does  not  come  within  the  scope  of  the  provisions  indi- 
cated, and  that,  therefore,  the  warrant  should  be  issued." 

The  questions  thus  presented,  are : 

First.  Had  the  Board  of  Regents  of  the  State  University  authority 
for  repairing  the  auditorium  roof ;  and, 

Second.  Are  said  repairs  within  the  operation  of  the  restrictions  set 
forth  in  the  Gentral  Appropriation  Act  of  1905,  relative  to  the  employ- 
ment of  an  architect,  contractor,  etc. 

Section  10  of  Article  7,  of  the  Constitution  of  Texas  provides  as  fol- 
lows: 

"The  Legislature  shall,  as  soon  as  practicable,  establish,  organize  and 
provide  for  the  maintenance,  support  and  direction  of  a  University  of  the 
first  class,  to  be  located  by  a  vote  of  the  people  of  this  State  and  styled 
'The  University  of  Texas,'  for  the  promotion  of  literature  and  the  arts 
and  sciences,  including  an  Agricultural  and  Mechanical  Department." 

We  are  not  aware  that  the  meaning  of  the  word  "maintenance"  in  the 
above  quoted  section  of  the  Constitution  has  been  judicially  determined. 

But  the  word  "maintenance"  as  used  in  Article  8,  Section  9,  of  the 
Constitution,  wherein  it  is  provided  that  "the  Legislature  may  pass  local 
laws  for  the  maintenance  of  public  roads  and  highways  without  the  local 
notice  required  for  special  or  local  laws,"  was  construed  by  one  of  our 
Courts  of  Civil  Appeals  in  the  case  of  Smith  vs.  Grayson  County,  18 
Texas  Civil  Appeals,  156. 

The  court,  referring  to  the  last  quoted  constitutional  provision  say : 

"It  is  insisted,  however,  that  this  clause  of  the  Constitution  limits  the 
purposes  for  which  local  laws  may  be  passed  to  the  maintenance  of  roads 
already  constructed  and  would  not  authorize  the  passage  of  a  statute  cre- 
ating a  road  system.  We  do  not  think  the  word  maintenance,  as  used  in 
this  section  of  the  Constitution  ,  was  intended  to  be  used  in  this  restricted 
sense.  By  the  use  of  the  words  maintenance  of  public  roads  and  high- 
ways, the  framers  of  the  Constitution  had  reference  to  maintaining  a 
system  of  public  roads  and  highways,  which  would  include  all  the  neces- 
sary powers  to  provide  and  keep  up  a  s}rstem  of  highways." 

We  have  no  doubt  that  the  constitutional  provision  first  above  quoted, 


Appendix.  41 

providing  for  the  "maintenance,  support  and  direction  of  a  University  of 
the  first  class"  contemplated  the  erection  and  repair.,  as  needed,  of  all 
buildings  reasonably  necessary  to  fully  carry  out  that  beneficent  and 
grand  design. 

Pursuant  to  said  constitutional  requirements,  the  Legislature  of  Texas 
has  seen  fit  to  provide  in  Eevised  Statutes,  Article  3843,  that  "the  govern- 
ment of  the  University  shall  be  vested  in  a  Board  of  Eegents,  selected 
from  different  portions  of  the  State,  who  shall  be  nominated  by  the  Gov- 
ernor, and  appointed  by  and  with  the  advice  and  consent  of  the  Senate." 

It  can  hardly  be  doubted  that  it  was  the  intention  of  the  legislative 
branch  of  the  State  Government  to  clothe  said  Board  of  Eegents  with  a 
broad  discretion  in  determining  what  is  necessary  in  the  way  of  buildings 
for  the  University;  hence,  the  propriety  and  advisability  of  making  re- 
pairs thereto,  of  a  given  kind,  such  as  repairs  to  the  roof  of  the  audito- 
rium, is  a  matter  coming  peculiarly  within  the  province  of  the  Board  of 
Eegents  to  determine,  and  especially  so,  in  view  of  the  fact  that  the  cost 
of  such  repairs  or  improvements  is  to  be  paid  out  of  the  available  Univer- 
sity fund,  and  not  out  of  the  general  fund. 

Immediately  following  the  above  quoted  provision  for  the  establishment 
of  a  University,  Section  11  of  Article  7  of  the  Constitution  provides: 

"In  order  to  enable  the  Legislature  to  perform  the  duties  set  forth  in 
the  foregoing  section,  it  is  hereby  declared  that  all  lands  and  other  prop- 
erty heretofore  set  apart  and  appropriated  for  the  establishment  and 
maintenance  of  the  University  of  Texas,  together  with  all  the  proceeds 
of  sales  of  same,  heretofore  made,  or  hereafter  to  be  made,  and  all  grants, 
donations,  and  appropriations  that  may  hereafter  be  made  by  the  State 
of  Texas,  or  from  any  other  source,  shall  constitute  and  become  a  perma- 
nent University  fund." 

There  was  thus  set  apart  an  extensive  trust  fund  to  enable  the  Legis- 
lature to  carry  into  effect  the  above  quoted  requirements  providing  for  the 
"maintenance,  support  and  direction  of  a  University  of  the  first  class," 
and  this  fund  can  be  used  for  no  other  purpose  whatever. 

Eecognizing  the  right  of  the  University  to  the  fund  thus  created,  and 
also  recognizing  the  fact  that,  under  existing  laws,  the  Board  of  Eegents 
was  already  invested  with  wide  discretion  and  authority,  the  General 
Appropriation  Act  of  1905  provides,  in  broad  and  general  terms,  and 
without  one  single  specification  or  limitation  as  to  details,  that  the  por- 
tion of  said  trust  fund  available  during  the  years  ending  August  31,  1906, 
and  August  31,  1907,  respectively,  may  be  used  during  these  years  "for 
the  maintenance,  support  and  direction  of  The  University  of  Texas,  in- 
cluding repairs,  extensions,  improvements  and  buildings." 

It  will  be  noted  that  the  Legislature  which  made  this  appropriation 


42  -  Appendix. 

acted  subsequent  to  the  rendition  of  the  opinion  in  Smith  vs.  Grayson 
County,  supra,  which  decision  construed  the  word  maintenance  in  such 
broad  terms  as  to  include  by  analogy,  repairs  to  a  University  building; 
yet.  that  Legislature,  as  though  not  content  to  leave  for  judicial  construc- 
tion alone,  the  words  "maintenance,  support  and  direction"  found  in  the 
constitutional  provision  for  the  University,  took  care  to,  itself,  construe, 
in  the  very  language  of  this  Appropriation  Act,  and  in  harmony  with  the 
decision  mentioned,  these  constitutional  terms  as  including  "repairs,  ex- 
tensions, improvements  and  buildings." 

Consequently  the  legislative  intent,,  that  a  portion  of  the  available  Uni- 
versity fund,  so  appropriated  by  this  act,  may  be  used  in  repairing  the 
auditorium  roof  is  manifest. 

When  we  come  to  the  consideration  of  the  second  question,  we  find  an 
appropriation  out  of  the  general  fund  to  be  used  for  the  "maintenance, 
support  and  direction"  of  the  University,  this  appropriation  being  made 
in  lump  sum  of  $81,250.00  for  the  first  year,  and  $61,250.00  for  the 
second  year;  but  the  paragraph  making  this  appropriation  does  not  spe- 
cifically mention  buildings  or  repairs. 

Indeed.,  an  appropriation  out  of  the  general  revenues  to  be  used  for 
erecting  or  repairing  University  buildings  would  be  beyond  the  scope  of 
legislative  authority,  in  view  of  that  portion  of  Section  14  of  Article  7 
of  the  Constitution,  which  provides  that :  "No  tax  shall  be  levied  and  no 
money  appropriated  out  of  the  general  revenue  *  *  *  for  the  estab- 
lishment and  erection  of  the  buildings  of  The  University  of  Texas." 

We  further  find  that  all  the  appropriations  made  by  this  act  for  the 
maintenance,  support  and  operation  of  other  State  institutions  are  to  be 
paid  out  of  the  general  revenues,  and  that,  as  to  each  of  these  institutions, 
this  act,  in  every  paragraph  making  an  appropriation  therefor,  sets  forth 
numerous  specifications  and  details  concerning  the  character  and  amount 
of  expenditures  to  be  so  made. 

As  to  nearly  every  one  of  such  other  institutions,  provision  is  made 
for  ney  buildings,  or  improvements,  or  repairs,  or  machinery,  or  equip- 
ments; while,  in  several  instances,  two  or  more  of  such  items  are  in- 
cluded. 

Following  all  these  appropriations,  we  find  the  restrictions  above  re- 
ferred to,  among  which  are  the  requirements  that  all  buildings  for  the 
erection  and  equipment  of  which  appropriations  are  made  under  this  act, 
and  all  improvements  and  repairing  of  any  public  building  shall  be 
erected  and  made  under  the  direction,  management  and  supervision  of  a 
competent  architect  to  be  appointed  by  the  Board  of  Managers  of  the  in- 
stitution for  which  said  improvements  is  made,  and  that  all  architects  so 
employed  shall  give  bond,  etc. ;  that  the  work  shall  be  done  by  contract, 


Appendix.  43 

etc. ;  that  all  appropriations  made  under  said  act  for  the  erection  of  new 
buildings  and  improvement  of  old  buildings,  and  equipments  of  same,  or 
to  purchase  machinery.,  may  be  withheld  by  the  Governor,  if,  in  his  opin- 
ion, the  condition  of  the  treasury  will  not  warrant  the  expenditure  of  any 
such  sum  or  sums;  that  no  surplus  shall  be  diverted  from  any  account  to 
any  other  account;  and  that  the  money  appropriated,  or  so  much  as  may 
be  necessary,  shall  be  applied  to  the  payment  of  each  item  for  which  the 
appropriation  is  respectively  made,  and  nothing  else. 

Some  of  these  provisions  and  restrictions -can  not  reasonably  be  held  to 
apply  to  appropriations  of  the  available  University  fund.  For  instance, 
the  provision  that  the  money  appropriated,  or  so  much  thereof  as  may  be 
necessary  for  that  purpose,  shall  be  applied  to  the  payment  of  "each  item" 
for  which  the  appropriation  is  made,  and  nothing  else,  seems  plainly  in- 
tended to  apply  alone  to  the  itemized  appropriations  out  of  the  general 
fund,  and  not  to  the  appropriations  of  the  available  University  fund,  the 
latter  appropriation  not  being  itemized.  So,  as  to  transferring  funds 
from  one  account  to  another;  the  appropriations  for  the  University  not 
being  subdivided  into  specifically  enumerated  accounts  as  are  appropria- 
tions made  by  this  act  for  various  other  State  institutions. 

Again,  the  provision  that  the  Governor  may  withhold  appropriations 
made  by  this  act  for  the  erection  of  new  buildings  and  improvement  of  old 
buildings,  and  equipments  of  same,  or  to  purchase  machinery,  if  in  his 
opinion  the  condition  of  the  treasury  will  not  warrant  such  expenditure, 
seems  to  have  been  intended  to  meet  conditions  and  exigencies  as  they 
may  arise,  dependent  upon  and  growing  out  of  the  amount  of  revenues 
which  may  be  in  the  treasury  at  a  given  time  to  the  credit  of  the  general 
fund,  which  amount,  as  the  Legislature  well  knew,  varies  greatly  from 
time  to  time,  and  which  the  Legislature  must  have /foreseen,  will,  in  the 
two  years  covered  by  this  Appropriation  Act,  depend,  to  a  greater  or  less 
extent,  upon  the  success  or  failure  of  various  statutes  enacted  at  the  same 
session  of  the  Legislature  and  designed  to  produce  extensive  revenues,  a 
large  portion  of  which,  when  collected,  will  go  into  the  general  fund. 

The  evident  reasons  for  this  provision  of  the  Appropriation  Act,  which 
seeks  to  confer  such  discretion  and  authority  upon  the  Governor,  do  not 
and  can  not  apply  to  appropriations  to  be  paid  out  of  the  University  fund, 
since,  as  we  have  seen,  that  fund  can  not  affect  or  be  affected  by  the  con- 
dition of  the  general  revenue. 

And,  in  view  of  the  far-reaching  discretion  and  authority  which,  as  we 
have  seen,  have  been  conferred  upon  the  Board  of  Eegents,  and,  inasmuch 
as  some  of  the  restrictions  above  set  forth  do  not  apply  to  the  available 
University  fund,  and  all  of  said  restrictions  seem  to  be  intended  to  apply 
solely  to  the  same  class  or  character  of  appropriations,  we  conclude  that 


44  Appendix. 

none  of  said  restrictions  were  intended  by  the  Legislature  to  apply  to 
expenditures  out  of  that  particular  fund. 

A  literal  application  of  only  that  portion  of  this  Appropriation  Act 
which  prescribes  said  restrictions,  would  lead  to  the  conclusion  that  no 
warrant  could  legally  be  issued  in  payment  for  such  repairs,  except  when 
made  in  compliance  with  the  provisions  relative  to  the  employment  of  an 
architect,  etc. ;  and  in  that  view  of  the  matter,  you  would  not,  in  this 
instance  be  authorized  to  issue  the  requested  warrant. 

But  Section  3  of  the  general  provisions,  found  in  the  final  title  of  our 
Revised  Statutes,  as  interpreted  by  the  courts,  requires  that  the  provisions 
of  -all  statute  laws  of  this  State  "shall  be  liberally  construed  with  a  view 
to  effect  their  objects  and  to  promote  justice" ;  and  upon  consideration  of 
this  Appropriation  Act  as  a  whole,  in  the  light  of  constitutional  provi- 
sions applicable  thereto,  and  searching  diligently  for  the  controlling  in- 
tention of  the  Legislature  as  expressed  in  the  act  itself,  we  think  it  rea- 
sonably clear  that  the  above  mentioned  restrictions  upon  the  application 
and  expenditure  of  appropriated  funds  do  not  apply  to  expenditures  of 
the  character  under  consideration,  such  as  cost  of  repairs  to  the  audi- 
torium roof,  when  made  under  the  direction  of  said  Board  of  Regents 
and  to  be  paid  for  out  of  the  available  University  fund,  and  not  out  of 
the  general  revenues. 

We,  therefore,  respectfully  advise  you,  that,  in  our  opinion,  a  warrant 
should  be  issued  by  you  in  this  instance  to  cover  the  cost  of  said  repairs. 
But  nothing  herein  should  be  construed  as  holding  or  intimating  that  any 
and  all  of  the  restrictions  set  forth  in  said  Appropriation  Act  do  not 
apply  to  any  and  all  construction,  improvements,  repairs  and  equipments 
made  or  to  be  made  under  the  direction  and  authority  of  any  board  of 
control  of  any  other  State  institution,  in  cases  wherein  such  institution  is 
wholly  dependent  upon  the  general  revenues  of  the  State  for  maintenance 
and  support,  and  the  bill  of  expense  is  to  be  paid  out  of  appropriations 
made  by  the  Legislature  for  that  specific  purpose  out  of  the  general  fund. 

Yours  truly, 

W.  E.  HAWKINS, 
Office  Assistant  Attorney  General. 


Ap-pendiv.  •  -•«,*,  ;•«•,  j-  /, 


IV.— UNIVERSITY  INCOME. 

The  income  of  the  University  is  divided  into  two  classes,  the  Available 
University  Fund,  and  General  Revenue. 

THE  AVAILABLE  UNIVERSITY  FUND. 

The  Available  University  Fund  is  under  the  control  of  the  Board  of 
Regents  and  may  be  used  for  the  erection  and  repair  of  buildings  and  the 
maintenance  and  support  of  the  University  and  its  branches.  This  fund 
is  derived  from  the  following  sources : 

1.  -Interest  accruing  on  State  bonds  purchased  with  the  proceeds  of  the 
sale  of  University  lanas. 

2.  Interest  on  land  notes  arising  from  the  sale  of  University  lands. 

3.  Land  leases  derived  from  the  leasing  of  unsold  University  lands. 

4.  Matriculation  and  laboratory  fees  paid  by  students. 

GENERAL  REVENUE. 

The  income  of  the  University  derived  from  the  General  Revenue  of  the 
State  is  dependent  upon  the  following  source : 

1.  Legislative  appropriation  biennially.  This  appropriation  is  re- 
itricted  to  the  maintenance  and  support  of  the  University. 


AN  INITIAL  FINE  OF  25  CENTS 


_100m-12,'43  (8796s) 


YC  ^5353 


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